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"Separation from a partner can be a stage of life filled with anxiety, stress, and emotional pain," says Hugh Dahlitz, lawyer at RMB Lawyers in Queanbeyan.
"It's a difficult time, where it can be overwhelming to face the necessity to deal with untangling shared property, or to make decisions for you or your children's future."
As a result, it's not something many people like the idea of going through alone.
One thing Hugh pointed out was it's possible to have the support and advice of a family lawyer on your side, without it automatically meaning your case will end up in the court system.
He says the first step is simply a matter of talking to your lawyer so they can hear your side of the story.
"The objective of an initial consultation is to identify the issues involved in the matter, from the client's perspective, and to determine a starting point from which to move forward," Hugh says.
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"This will require a detailed discussion about the history of your relationship, personal life, and finances, as well as your current circumstances, and, finally, what you really want to get out of RMB's services. From there, we will be able to advise the most effective path forward, and to have a full discussion regarding costs and time frames."
After that, Hugh tells us that whenever it's appropriate, a co-operative approach is very much encouraged.
"Where the parties are able to engage each other in a co-operative manner to resolve the issues facing them in the wake of separation, RMB will always advise exploring a collaborative approach first," Hugh says.
Commonly referred to as collaborative law, "The collaborative process involves a series of round-table conferences," Hugh explains.
"At these conferences the parties and their lawyers talk freely about their goals and concerns following separation and thereafter the parties and their lawyers work together to find solutions. If necessary, the process can also include specialists - such as accountants or child specialists - to assist the parties to move forward through particularly complex issues."
Hugh says the advantages of collaborative law include:
- Facilitating a focus on issues important to the parties, not just what the law considers relevant.
- The ability for the parties to remain in control of the outcome.
- Preservation of the relationship between the parties, which is particularly important where children are involved.
- The possibility of finding a win-win solution which may fall outside the box of a conventional family law settlement.
- It is very often much more cost-effective, and less time consuming, than court proceedings.
"Of course, there are instances where collaborative law may not be appropriate," he acknowledges, "for example in cases of domestic violence, where there is a clear power imbalance between the parties or where there has been a complete breakdown of trust."
In cases such as these "RMB has the expertise to identify which course of action will be most appropriate for our clients and advise accordingly."