What is Collaborative Family Law?

What is Collaborative Family Law?

We like to think of collaborative family law as a respectful and peaceful way to separate. Collaborative practice allows separating couples to resolve matters about their children and property division without engaging in a complicated dispute and spending unnecessary funds.

Collaborative family law is an alternative dispute resolution process where you and your former partner work together to resolve a dispute amicably and out of Court with the help of your Collaborative Family Lawyers.

You may also work with other collaborative professionals during the collaborative process, such as a financial specialist or social worker.

Your collaborative team will work with you and your former partner to help you agree on your issues. Your team offer a safe and respectful space to help you reduce conflict. Usually, you have several meetings with your collaborative professionals before you agree on your issues.

Collaborative Family Law is ideal for resolving children’s and property matters after separation. However, in some cases, it may not be suitable for you if:-

1. One person is afraid of the other due to family violence; or
2. There are serious mental health or addiction issues.

Collaborative family law is a voluntary process. A voluntary process means you and your former spouse must agree to engage in the collaborative law process.

Collaborative Family Lawyers have specialised family law training to:-

1. Focus on solutions that consider both parties' interests whilst considering legal rights.
2. Supporting separating couples to speak openly and honestly with one another; and
3. Ensuring that the correct information is available so that separating couples can make informed decisions.

As part of the collaborative process, both lawyers will enter a special agreement not to go to Court and focus on a resolution and settlement for you and your family.

Upon separating couples reaching an agreement, a Collaborative Family Lawyer can draft a legally binding agreement through a Binding Financial Agreement or Consent Orders.

What are the steps to resolve my family law matter collaboratively?

STEP ONE: Should I use a collaborative family lawyer?

The advantages of using the collaborative law process are:-

1. You will likely get a quicker outcome than going to Court;
2. It will save you thousands compared to Court proceedings;
3. You have the benefit of legal and other professional support;
4. You are in control of the process;
5. You separate amicably and respectfully, encouraging a co-parenting relationship or even being friends after separation.

The disadvantages of using the collaborative law process are:-

1. Collaborative family law may not be suitable if there is urgency with your matter and you need a Court Order. This may be due to requiring an urgent recovery Order for children or an injunction stopping a former partner from utilising matrimonial assets.
2. It is not an appropriate process if you do not feel safe with your former spouse due to family violence.

STEP TWO: How do I find the right lawyer?

 You and your former spouse will need to find a collaborative family lawyer. You can find a list of collaborative family lawyers in Queensland on the Queensland Association of Collaborative Practitioners website Home - Queensland Association of Collaborative Practitioners (qacp.org.au).

Family law matters are often sensitive, and you will need to trust your lawyer with matters about your financials and family. It is important to consider the following:-

1. Has your lawyer had experience dealing with cases like yours in a collaborative law process?
2. Does your lawyer listen to you?
3. Does your lawyer make you feel comfortable?
4. Does your lawyer explain things in a way that you can understand?
5. Does your lawyer answer your questions?
6. Does your lawyer give you advice based on your situation?
7. Does your lawyer respond to your telephone calls and emails within a few days?
8. Does your lawyer tell you what their fees are?
9. Can your lawyer work with a disability that you may have?
10. Can your lawyer speak a language you understand or help you find an interpreter if you need one?

STEP THREE: SIGN A PARTICIPATION AGREEMENT

 You and your former spouse must sign a participation agreement that your Collaborative Family Lawyers will draft for you. The agreement may include such things as:-

1. That you will negotiate respectfully and cooperatively;
2. You will disclose financial documents required for a property settlement;
3. What will you do if you cannot resolve your matter; and
4. That you agree not to go to Court with your collaborative lawyer.

It is important that before you sign the agreement, you read the agreement carefully, ask any questions that you have and that you fully understand the agreement you are signing.  

STEP FOUR: WORK WITH YOUR LAWYER

 Your Collaborative Family Lawyer will help formulate a strategy for negotiation that works for your family.

Typically, lawyers will exchange documents or have an initial phone discussion before everyone meets.

Your joint meetings will last no longer than two hours. You, your former spouse and lawyers will meet (sometimes with other professionals). Sometimes, you may have several meetings.

You will have an opportunity to discuss any agreement with your lawyer privately.

As mentioned above, your Collaborative Family Lawyer may sometimes refer or involve other professionals to help resolve a dispute. In financial property settlements, professionals may include Financial Planners, Accountants, Mortgage Brokers or Valuers.

In children’s matters, professionals may include a Child Consultant, Psychologist or Social Worker who represents the child’s views.

For the collaborative process to work, you and your former spouse must be open and honest about your financial affairs. Your Collaborative Family Lawyer will help you to figure out what information needs to be disclosed to reach an agreement.

STEP FIVE: SIGN YOUR LEGAL DOCUMENTS

You can have your Collaborative Family Lawyer record the agreement you have reached through a Binding Financial Agreement or Consent Order. It is important that you formalise your agreement legally to ensure that your assets are protected, there is certainty for children, and to minimise future litigation.

If you would like to know more about the collaborative family law process or wish to start the collaborative family law process with your former spouse, reach out to us today to book a free, no-obligation 15-minute clarity call on 1300 414 855.