JOHN and Judy, both in their 60’s, separate after 40 years of marriage.

John built-up a successful business but is now semi-retired.

Judy gave up a career to support John and care for their child, Kevin, who has special needs. Judy is still Kevin’s carer.

John and Judy wish to proceed with a property settlement but they are concerned about the legal process.

They do not want to be involved in the traditional adversarial system and they are worried about the stress, delays and costs involved.

They also feel that the legal system may not be able to properly deal with their specific values, needs and wishes.

Judy seeks legal advice and is informed that if proceedings are commenced under the Family Law Act, the parties will be referred to mediation.

This form of mediation is usually scheduled for a single whole day in which the parties are encouraged to reach agreement in relation to a division of all of their property interests according to the “clean-break” principle.

Judy tells her lawyer that she is not happy about the uncertainty and stress involved in the traditional process.

She is also concerned about the impact on Kevin.

Judy’s lawyer informs her that she may be better suited to the Collaborative Law process.

This process avoids court action and encourages a positive context for settlement, empowerment for the parties and workable long-term solutions.

The process means that there are greater chances of the parties maintaining a civil future relationship.

Whilst Judy is advised of her rights under the Family Law Act, under the Collaborative Process, the parties’ respective lawyers agree to withdraw from the matter if Court action is necessary. This encourages genuine negotiations.

John and Judy ultimately retain collaborative lawyers.

They enter into a Participation Agreement and after the parties and their lawyers convene several meetings, they reach agreement which is formalised by way of Consent Orders, sealed by the Court.

Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.

This column is only accurate at today’s date and is not legal advice.

By Manny WOOD, Solicitor