Collaborative practice in family law
Resolve your family law issues without going to Court
Going through a relationship breakdown is hard. While trying to cope with all the emotions of your relationship ending, you’re also setting up a new life. Then, there are the negotiations over property and parenting arrangements. It’s a significant process, often emotionally and financially draining.
However, for some separating couples, there’s a different way to negotiate: staying out of Court and working together to reach an agreement.
It means you and your former partner have a better chance of having a positive long-term relationship, which is crucial for co-parenting and communicating without conflict.
Having some basic knowledge is an excellent starting point. Here’s some information about collaborative practice in family law, including the commitment you make when you agree to work together.
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Frequently asked questions about collaborative practice in family law
What is collaborative practice in family law?
Collaborative Practice is a dispute resolution process designed to help separate couples who wish to resolve their family law issues without conflict or going to Court.
Both parties and their lawyers commit to staying out of Court. Instead, they focus on finding solutions that work for everyone.
Going to Court is often financially draining and emotionally damaging for families, making collaborative practice an ideal choice for many.
Collaborative practice is specifically designed to resolve disputes while preserving relationships. It’s particularly helpful in cases involving children because it encourages the parties to cooperate and maintain a positive relationship. This is crucial for co-parenting and future interactions.
Need help with collaborative practice in family law? Contact us to find out more about our services.
How does collaborative practice work?
When you and your former partner commit to collaborative practice with your lawyers, you negotiate the issues, often with the support of:
Here’s a breakdown of the stages of collaborative practice
Getting information
Contact us for more details on the collaborative practice process. We’ll assess whether it’s suitable for your circumstances.
Committing to collaboration
You, your former partner and your lawyers sign a participation agreement. This is your commitment to resolve the dispute without going to Court.
If you or your former partner chooses to go to Court during the process, the lawyers must withdraw, and both of you must find new lawyers.
Involving neutral professionals
In addition to the family lawyers, collaborative practice often involves other neutral professionals, such as:
- Financial specialists
- Child specialists
- Family counsellors
They’re neutral because they are unbiased; they don’t take anyone’s side.
These professionals give expert advice in a neutral way to help you both reach an agreement that meets everyone’s needs.
Participating in joint meetings
You, your former partner, your lawyers and the neutral professionals have a series of joint meetings to:
- Discuss the issues
- Share relevant information
- Work together to develop solutions
Each meeting aims to move towards a resolution that suits everyone, so you should be prepared to actively participate, communicate openly, and work towards a solution. You’ll also need to set realistic expectations and be ready to compromise.
Staying out of Court
The main aim of collaborative practice is to avoid going to Court (litigation).
Throughout the process, everyone is encouraged to work together and negotiate in good faith to avoid the need for a judge to intervene.
Reaching an agreement
When you have reached an agreement, it is usually formalised in a written document, for example, family law Consent Orders or a binding financial agreement.
If you and your former partner can resolve all issues, the agreement is given to the Court for approval and becomes legally binding.
Need help with collaborative practice in family law? Contact us to find out more about our services.
What are the advantages and disadvantages of collaborative practice?
The advantages of collaborative practice in family law include:
- You have control over the agreed outcome rather than having an outcome imposed by the Court
- The process is confidential, so your discussions can’t be used in Court, even if you can’t reach an agreement with your former partner
- The process is usually less stressful than going to Court, which is often confrontational
- Collaborative practice can help you and your former partner maintain an ongoing positive relationship, especially if your negotiations involve parenting arrangements or joint business interests
The disadvantages of collaborative practice in family law include:
- Collaborative practice may not be suitable if you’re in a high-conflict situation or where one party refuses to negotiate in good faith. Also, if you’re concerned about abuse, control, or significant power imbalance, it may not be appropriate
- Both you and your former partner must commit to resolving the issues without going to Court
- Collaborative practice is usually less expensive than a lengthy court battle, but there are still costs involved in hiring professionals (for example, lawyers and financial experts). These costs may be higher than other forms of negotiation or mediation
Need help with collaborative practice in family law? Contact us to find out more about our services.
Are there any risks in engaging in collaborative practice?
There are some risks to be aware of before you commit to collaborative practice.
For example:
- If the process breaks down and the case moves to litigation, you and your former partner must find new lawyers
- Any agreement you reach during the process isn’t legally binding unless the Court formalises it, so you’ll need to talk to your lawyer about what that may mean for you and the strength of the agreement
Need help with collaborative practice in family law? Contact us to find out more about our services.
Get in touch
Collaborative practice is highly successful for some separated couples who manage to agree on difficult issues such as parenting arrangements and property division. They often go on to have positive, long-term cooperation with excellent communication.
However, they usually need steady guidance to achieve an agreement, so we recommend seeking help from specially trained lawyers. Our family lawyers are trained in collaborative practice and skilled at compassionate guidance, focusing on practical solutions and the best result for everyone.
Get in touch to learn more about our family law services for collaborative practice in family law.