What is Collaborative Law?
Collaborative Law is a different approach to practising family law. It is where the parties and their respective lawyers commit to a process that is resolution-based.
Collaborative law works well for separating couples who want to reach agreement without the cost, delay and stress of going to court. Both parties, along with their own collaboratively trained lawyer, sign an agreement committing to resolve matters, including parenting arrangements, property division and finances, through open discussion rather than litigation. If either party withdraws from the process, both lawyers must step aside, which gives everyone a strong incentive to stay at the table and work through disagreements constructively.
What’s involved?
It involves all the parties sitting around a table with their respective lawyers and often a coach to guide them through the process. At the outset, the parties are contracted not to go to court and not to threaten to go to court. As a group, they work towards a resolution that benefits their family. So, instead of being all about everybody’s entitlements, it becomes more about the best way to resolve this for the family to move forward.
The process typically involves a series of joint meetings where both parties and their lawyers work through issues together, sometimes with support from other professionals such as financial advisers or family counsellors where needed. It suits couples who can communicate reasonably well and want a say in shaping their own outcome, rather than having a result imposed by a court.
What are the benefits?
One of the greatest parts of collaborative law is that it’s completely transparent, and the advice you’re given and the advice your partner is given often happens around the same table, so everybody hears it. This process takes out a lot of that unknown and allows everybody to have open dialogue about what their family needs, beyond the separation.
If you have any questions or should you need any assistance please do not hesitate to contact our family law team or reach out to our client services team at Southern Waters Legal.
