Wednesday 21 May 2014

Collaborative Practice


We are currently involved in a collaborative matter involving parties who were originally from a large regional town in Victoria. 

The parties had extensive business interests in the town where they had resided together and substantial assets which assets were included in the business, personally and in their superannuation fund.  The business was a successful business although the husband had extended their company and personal debts beyond a level that was sustainable from the income earned by their business. 

Collaborative meetings were arranged to take place in Melbourne.  The husband engaged a solicitor in Melbourne to act on his behalf.  I was acting for the wife who resided in Queensland.  My client and I travelled to Melbourne by plane on the days scheduled for our collaborative meetings.

My client was still emotionally involved as a result of the breakdown in her marriage.  Assisting us with the collaborative meetings were a psychologist (a communication expert) and an accountant (financial adviser).  All professional members of the collaborative meetings had been trained in collaborative practice.

The psychologist met the parties prior to the meetings taking place and gained a full knowledge of their emotional issues and of matters that were of concern to them.  A debriefing was arranged with the professional members of the collaborative group prior to the meeting taking place with the parties so that we had a full knowledge of emotional issues which might be disruptive to the meeting.  The psychologist took control of the initial stages of the first meeting to set the tone for the meeting and to assist the parties in communicating with each other.

Collaborative practice was a great assistance to these parties in resolving financial issues arising from the breakdown in their marriage.

Did you know that Madonna, Uma Thurman and Robyn Williams used the collaborative approach to resolve matters arising from the breakdown in their marriages.

What do you think of Collaborative Practice? 

Do you believe it is an effective way of resolving matters arising from the breakdown in a relationship?

Monday 19 May 2014

Gwyneth Paltrow And Chris Martin Separate Using The Collaborative Process They Call “Conscientious Uncoupling”


The following is a joint statement issued by Gwyneth and Chris on the breakdown in their relationship.

It is with hearts full of sadness that we have decided to separate. We have been working hard for well over a year, some of it together, some of it separated, to see what might have been possible between us, and we have come to the conclusion that while we love each other very much we will remain separate. We are, however, and always will be a family, and in many ways we are closer than we have ever been. We are parents first and foremost, to two incredibly wonderful children and we ask for their and our space and privacy to be respected at this difficult time. We have always conducted our relationship privately, and we hope that as we consciously uncouple and coparent, we will be able to continue in the same manner.

Have you heard of parties conscientiously uncoupling?

This is similar to Collaborative Practice which has been a means of resolving a relationship breakdown in Australia for many years.

Are you aware of Collaborative Practice?

We look forward to your comments in this regard.

If you wish to obtain information in regard to Collaborative Practice refer to our website.

Friday 16 May 2014

Relationship Counselling


Counselling can be of a great benefit in resolving problems arising from a breakdown in your relationship.  There are qualified counsellors in private practice as well as in government and community based organisations.

 Counselling works best if you and your partner attend counselling sessions of your own free will. 

If you find difficulty in resolving the parenting arrangements for the children after a breakdown in your relationship then the Family Court requires that you attend on counselling or mediation prior to raising these matters in any Court proceedings.  The Federal Government has established Family Relationship Centres for this purpose.  There are no charges for attending at these Centres.

Counselling may be of assistance to enable you to maintain your relationship.  If however this is not possible counselling will be helpful in resolving emotional issues resulting from the separation.

Do you agree with this?  Are there any others you believe should be considered?

Decisions You May Need To Make When Considering A Separation In Your Relationship


  • Weigh the financial consequences of remaining in the relationship or separating from the relationship 
  • What are the best arrangements for the children?
  • What are the financial needs of the partner and children - should I separate?
  • How am I able to provide for those needs?
  • What involvement do I wish to maintain in my children's lives?
  • What is the most practical division of the assets to cater for the needs of myself and my family?
  • Do I require assistance to deal with the emotional, financial and legal issues arising from a separation?  
Do you agree with this?  Are there any other factors you believe should be considered?

Thursday 15 May 2014

What You Should Do If A Separation Occurs In Your Relationship


It is always beneficial to arrange counselling for yourself and your partner in order to:
  • Resolve the difficulties which have occurred in your relationship in an endeavour to maintain your family relationship
  • If the difficulties cannot be resolved then counselling is also beneficial to enable you to separate and to minimise the emotional stresses resulting from such separation
  • Even if your partner does not attend or will not agree to counselling it is always beneficial to have counselling for yourself to deal with your own emotional issues
  • If you are unable to resolve issues in relation to your children then it is beneficial and necessary for you to arrange mediation with a mediator from a Family Relationship Centre to resolve the parenting arrangements for the children and to minimise the stress and emotional issues for the children arising from a separation.  If you are able to resolve children’s issues by way of this mediation then any agreement reached on the parenting of the children can be incorporated into a parenting plan or formalised in Court orders by consent.
  • It is also beneficial to obtain legal advice in regard to parenting and financial issues to enable you to obtain full details of your rights and obligations in regard to parenting and financial issues.  This will empower you for future negotiations which may take place.
Do you agree with this?  Are there any other factors you believe should be considered?