Court proceedings, which pit one party against the other, can be unpleasant and stressful. Afterwards, parties may feel "cheated" and former partners can be left unable to discuss even minor matters.
Spectrum Family Law actively offers a collaborative law service but includes referrals to family mediation. This can help couples to avoid court proceedings altogether.
Mediation is a forum for discussion setting out a clear process to ensure both parties have access to all the relevant information both in relation to the facts of their particular situation and the generic information needed to understand their respective needs, rights, and responsibilities. Whilst the mediator can provide useful information to move the process forward, it is important that each party to the mediation has their own independent legal adviser to consult as the process moves forward and solutions are beginning to formulate.
A formal agreement recording your tailor made solution, drafted at the conclusion of the mediation and signed by you and your former partner (Memorandum of Understanding), can be incorporated into a court order. Until a signed consent order is in place the recorded agreement remains privileged and without prejudice. At this point you would be advised to consult your own independent legal adviser to prepare the document for court.
A new start!
When a family law dispute is resolved in this civil and dignified way, bypassing the stress and the confrontational nature of court proceedings, it can be easier for you and your loved ones to move on with your lives.
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Dee, Thank you for all your assistance with my divorce, it has been invaluable whilst giving me strength and...