Collaborative Divorce vs Court Divorce

Why should you consider a Collaborative Process for your Family Law divorce or separation instead of the going through the Court process?

You should seriously consider resolving your divorce or separation through the Collaborative Divorce process because it:

1. is better emotionally for you and your children;

2. costs less;

3. takes a lot less time; and

4. focuses on you and your ex coming to an amicable resolution.

Going through Family Court

The financial cost to take a case through the Family Court process will be anywhere from $50,000 to $100,000 +. Of course the cost depends on the issues that need to be dealt with.

The time cost to take a case through the Family Court process from the initial application to a final determination at a trial can be around 2 years. The Family Court notes in its 2014-2015 Annual Review that the average time it took to prepare a case before trial was 89 weeks. Close enough to 2 years.

The Family Court notes that this is because there was a significant increase in the Court’s workload. In 2014/15 the Court received 2,297 Divorce applications (an increase of 3.4% from 2013/2014), and there was a 6.5% increase in applications for final orders.

Going through a Collaborative Divorce

The financial cost of a Collaborative Process can be from about $15,000 to $30,000+ depending on the issues that need to be dealt with and the time that it takes to complete.

The time cost of the Collaborative Divorce Process may take two to three joint sessions, or more, to bring a matter to a resolution. However, the time between meetings and how long this process takes is wholly dependent on the parties, not the backlog of work that a Court has. It can be as quick as a couple of months. It is really up to you.

Other Benefits of the Collaborative Divorce Team

In the Collaborative Divorce process you and your ex have the support and guidance of your own professional Family Lawyers.

In addition the Collaborative team provides you and your ex with the benefit of:

• a coach/counsellor neutral who looks after the emotional and psychological issues that you both have to deal with as you go through this distressing period, and addresses any issues that your children have to deal with; and

• a financial expert neutral who will work with you and your ex to put together the information required and provide real options to assist you both to reach a resolution.

In summary the advantages of Collaborative Divorce over a Court Divorce is that it reduces the financial, time and emotional costs, it addresses both parties interests and concerns, with your Collaborative Team you have control over the process, and most importantly you avoid going to court.

Wayne Dawkins is a member of the Perth Collaborative Divorce Alliance team. Give Wayne a call today on 9214 3887 to discuss why a Collaborative Divorce is the right alternative for you and your family.