Separation from your spouse is a deeply trying experience that can be straining, emotionally and financially. If you were to believe film depictions you might think that divorces are hard fought intensely emotionally battles over large questions like; how do we split custody? Who gets the house? And; how do we divide assets?
However these dramatic big picture decisions aren’t usually the stimuli for most divorce proceedings, in fact that majority of avenues are much more civil and symbiotic. So when hiring a divorce lawyer in Sydney you should be aware of the different types so you can chose what’s best for you.
We have outlined some of the less known alternate styles of divorce proceedings:
1. Collaborative Divorce
Collaborative divorce (also known as collaborative law) is a style of separation becoming more widely used. It is based around the two parties communicating and discussing the specifics of the divorce, while being accompanied by a special council. Both parties sign an agreement to come to a mutually accepted conclusion.
If a disagreement does occur, each lawyer must remove themselves and the couple is required to start over. The two spouses agree to work together, fairly and civilly going through the operations of a divorce. This type of separation is best when both parties understand that cooperation is mutually beneficial and are willing to make the situation easier.
2. Do-it-yourself Divorce
Not every divorce in Sydney requires a lawyer. Some proceedings can be handled by you and your spouse. A ‘Do-it-yourself’ divorce primarily involves filling out paper work and going your separate ways. This type of divorce is best/often only viable when the marriage didn’t involve children, owned homes or major assets.
Taking control of your divorce and facilitating it yourself can be very empowering and make the whole procedure much easier.
In a divorce preceding it is rare for every decision to be mutually agreed upon, so there may be a specific area that requires a neutral third party to decide. Arbitration is when both parties agree to have a private judge make a decision about a specific case (or a couple different things), outside of the courtroom.
Each side presents their case to the judge, who then will decide which side has the better case. This is useful if there is a specific issue that is halting or derailing the proceedings.
Similar to arbitration, but focusing more on communication than decision making; mediation functions by having a lawyer sit with both parties and facilitate discussion and agreements. The lawyer does not represent either party specifically but works to ensure a mutually beneficial outcome.
This method also varies from arbitration as the lawyer does not have the power to make legally binding decisions; rather they are merely offering advice on what the two should do. This can be useful if emotions, personal turmoil or lack of knowledge are impeding the proceedings, which are almost expected during a divorce.
There are many different types of separation that should be considered when going through this ordeal, so understanding the nuances should allow you to hire the perfect divorce lawyer in Sydney for you.