Introduction to Assisted Negotiation in Divorce

Assisted negotiation represents an important alternative tool for resolving marital disputes, particularly divorce proceedings. Introduced into our legal system with Decree Law No. 132 of 2014, converted with amendments by Law No. 162 of 2014, it offers a faster and less costly way for the parties involved compared to the traditional judicial process.

The Role of the Divorce Lawyer

The divorce lawyer plays a crucial role in assisted negotiation. They are the legal professional who guides the parties through the process, ensuring that their rights are protected and that any agreement reached complies with current regulations. The task of the divorce lawyer is to assist the client in formulating the proposed agreement and in any necessary modifications, up to the final drafting.

Assisted Negotiation Procedure

The assisted negotiation procedure begins with the signing of an agreement between the parties, assisted by their respective divorce lawyers. This document establishes the rules of negotiation and the objectives to be achieved. Once the agreement is signed, the lawyers commit to finding a solution that satisfies both parties, thus avoiding recourse to the court.

  • Preliminary Phase: This consists of meetings between the parties and the lawyers to discuss the main issues, such as child custody, allocation of the marital home, and maintenance.
  • Negotiation Phase: The divorce lawyers work to mediate between the parties, seeking shared solutions.
  • Conclusion: Once an agreement is reached, it is drafted in writing and signed by all parties involved. Subsequently, the agreement must be submitted to the Public Prosecutor for approval.

Advantages of Assisted Negotiation

One of the main advantages of assisted negotiation is the reduction of time and costs compared to a standard judicial proceeding. The agreement reached has the value of an enforceable title, allowing for the avoidance of long waits for a final judgment. Furthermore, assisted negotiation allows the parties to maintain greater control over the outcomes of the process and to manage the procedure in a less confrontational environment.

The Importance of Expert Legal Advice

Relying on an experienced divorce lawyer is essential to ensure that the assisted negotiation is conducted effectively and in compliance with the law. A qualified professional will be able to guide you through every phase of the negotiation, protecting your interests and helping you reach a fair agreement.

If you are considering assisted negotiation for your divorce, contact the Bianucci Law Firm for personalized advice and discover how we can best assist you.

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