Wednesday, 28 January 2015

Mediation or Collaborative Divorce? Exploring a Dignified Path to Divorce

Sadly, it is a statistical fact that an increasing number of marriages in Singapore end in divorce.

The process of separating and divorcing is relatively straightforward if you and your partner can mutually agree on all financial and custodial (if you have children) terms of your separation. This is widely referred to as an Uncontested Consent Divorce.

If you and your partner are not able to come to mutual agreement on the above mentioned terms, you will need to turn to the services of a Specialist Divorce Lawyer.

However, not all is lost, you may still turn to the services of a trained Family law Mediator (usually a Lawyer) to help you and your partner identify problem areas in order to resolve them amicably.

Where separating couples have multiple complex issues (ie; multiple & substantial assets, family business interests, child custody and access issues), they may turn to the Collaborative Divorce Process, whereby each party engages their own Singapore-accredited lawyers who work together towards achieving an amicable result for their clients. In this process, lawyers on each side are bound to work together to resolve all issues between separating couples.

If this process fails, your collaborative lawyers cannot act on your behalf in Court proceedings because they have signed an undertaking not to litigate. The collaborative lawyer will then brief your trial Divorce Lawyer to assist them with the transition from the Collaborative Process to Litigation Proceedings.

“Couples who successfully resolve their disputes through the mediation path, spare themselves and loved ones time, heartache, stress and money”
 

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