They Started to Fight when the Money got Tight
The value of Sandy and Rob’s house had fallen in the recession. The prospect of acquiring one let alone two alternative homes was no longer possible. My client Rob (a fictional name) feared that, along with the broken marriage, he would lose his job and with it his mortgage capacity. Sandy hadn’t worked in ten years and the cost of child care worried her.
“They started to fight when the money got tight, and they just didn’t count on the tears”are lyrics from the song “Scenes from an Italian Restaurant” by Billy Joel in his 1977 album “The Stranger”. But must it always end in tears? Must differences over scarce and limited financial resources be determined by divorce court room battles?
Not always. Sandy and Rob, along with other separating and divorcing couples are increasingly discovering that there are lawyers and other experts with specialist knowledge and experience of divorce, who offer less destructive dispute resolution processes. One such process is Collaborative Practice.
• It helps couples to create their own individualised solutions to their issues instead of the restricted range of outcomes available in the divorce court system.
• It encourages couples to use their intelligence and energy toward creative problem solving rather than toward recriminations or revenge – fixing the problem rather than fixing the blame.
• It keeps control of decisions about restructuring financial and child rearing arrangements in the hands of the couple and not the Judge.
• It places a premium on the welfare of children and protects them from the harm associated with litigated disputes between parents.
Sandy and Rob, in meetings with their collaborative family lawyers, worked through their fears and emerged with a divorce settlement that would work for them and their family. The collaborative professionals helped them to focus on settling their needs and interests, instead of pursuing their rights and entitlements. Choosing the right process in the beginning can save separating and divorcing couples time, money and tears in the long term.
Billy Joel continues his song “....they got a divorce as a matter of course and they parted the closest of friends”.That ideal may not always be possible but how a couple chooses to divorce can impact them and their children for years to come.
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Having practiced as a solicitor in the specialised field of Family Law and Divorce Court litigation for