Under the Divorce Act 1985, a divorce lawyer or legal advisor has certain positive duties towards his clients. Every barrister, attorney, lawyer, or advocate has some responsibilities who is acting on behalf of a spouse in any divorce proceeding, a lawyer is obligated to do the following:
- to bring to the spouse’s attention the provisions of the Divorce Act 1986 which has as it’s object the rapprochement of the spouses
- to explain to the spouse, the likelihood of the spouses’ reconciliation and to advise the husband or wife of appropriate relationship counselling or guidance facilities that may be capable of assisting the partners in achieving reconciliation. In some cases, the dynamics of the case may make it evident that reconciliation is not a feasible or desirable outcome. For example, if there has been a history of abuse or irreconcilable differences between the spouses, it may not be appropriate or safe to encourage reconciliation. In such circumstances, the lawyer’s obligation to act in the best interests of their client and prioritize their well-being and safety may take precedence.
- Every barrister, solicitor, lawyer, or, advocate who agrees to represent a spouse in a divorce proceeding has a duty to that spouse to communicate with him or her the enlightenment of attempting to negotiate the issues that could be the subject of a support order or a parental rights order and to inform that spouse of any mediation services that may be able to help the spouses in negotiating those issues.
Additionally, every document presented to a court by a barrister, solicitor, lawyer or advocate that legally initiates a divorce case must contain a declaration by him or her certifying that he or she has complied with the abovementioned requirements)
The statutory obligations imposed on family lawyers are meant to encourage a less combative divorce process, which, as clinical studies have demonstrated, statistically improves the mental health of the kids or children, which is of paramount concern to the Divorce Court.
Counselling And Mediation May Help
Counseling can be conducted by one spouse, both couples, or in fact with any combination of spouses and children. The ultimate goal is to support them in developing more self-awareness, self-esteem, enhanced communication, and problem-solving skills. It may be pursued prior to, during, or following the separation period. It is a useful strategy for helping clients and their kids to resolve interpersonal and intrapersonal difficulties resulting from the separation, and in certain situations (where it is successful), it may even help couples avoid being divorced.
In a similar vein, divorce attorneys have a responsibility to inform their clients about this additional non-adversarial dispute resolution approach. It entails the divorced parties choosing or appointing an unbiased specialist to facilitate them in coming to a voluntary settlement. Such an approach may appear to be one that relieves tensions and promotes collaboration between the partners. Additionally, because it ended in a voluntary settlement, it raises the likelihood that the parties will abide by the settlement without the necessity of external enforcement or litigation.
There are primarily two types of mediation:
- Closed mediation: where it is agreed that the mediator cannot be deposed in court and that the discussions with the mediator remain private
- Open mediation: where the sessions are not private and the mediator is subject to judicial subpoena.
Contact The Divorce Lawyers At Ayaz Mehdi Professional Corporation
To find out more, please get in touch with one of our Family Law Lawyers at Ayaz Mehdi Professional Corporation.
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