Sometimes former partners attempt to resolve disputes between themselves. This will usually work best if parties have a reasonably amicable relationship and can communicate about their issues directly.
Negotiations through solicitors — this is where each party engages their own solicitor to help them reach an agreement about their family law matter. In the process of lawyer negotiations, the negotiating is left to the lawyers and is usually done in the client’s absence. Clients meet privately with their lawyers through this process and the lawyers check in with the clients to keep them informed of the negotiations. Negotiations occur between the two lawyers through correspondence, exchanges of relevant information and may include one or more round table meetings.
This process may be a preferable option for those couples who are not comfortable to sit in the same room as their respective partner to negotiate a settlement.
This process may also be desirable when there has been a history of domestic violence or when there are significant power imbalances between former partners.
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Family Law Articles
Marital separation (including divorce) and de facto separation is an unfortunate reality of the world that we live in. While some manage to navigate the emotional minefield with minimal anguish, most end up embroiled in bitter legal proceedings. While financial concerns are often of great importance when separating, far more important are matters of the heart: children. When making arrangements for children in a divorce, the Court will place the greatest amount of importance on the “best interests” of the child. But do those best interests include the child’s own wishes?