Collaborative Divorce

What is collaborative law?

Collaborative law is an alternative way to resolve family law issues, such as disputes over child arrangements or a financial settlement upon divorce, without having to go to court. It is different to mediation and arbitration, but is another form of non-court dispute resolution/alternative dispute resolution.

Collaborative law involves both parties appointing their own collaboratively trained solicitors. The parties will be encouraged to resolve any issues they have in a series of ‘four-way meetings’, in anticipation that they can come to an agreement which can then become legally binding through a Consent Order.

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How does collaborative law work?

Collaborative law involves both parties and their solicitors signing a ‘Participation Agreement’ at the outset of the process where they agree to cooperate and come to an agreement themselves, without applying to the court. This provides an incentive for all parties to work towards a settlement. However, if an agreement cannot be reached, there is the option to opt-out and apply to the court, but only with a change of legal representation. 

The meetings follow agreed-upon agendas, and the spouses agree on what should be included on each agenda. Once an agreement is achieved, the collaborative solicitors will be able to put it into action. A divorce can be finalised, and a Consent Order sent to the court for approval. 

The benefit of the collaborative law process is that as the parties control the negotiations, they can agree on an outcome which is beneficial to the whole family. Like mediation, collaborative divorce reduces costs, stress and animosity of court proceedings. However, unlike mediation, the parties will have their lawyers present and will be directly negotiating with one another.  

How long does the collaborative process take?

As parties have greater control of the collaborative process compared to in financial remedy proceedings in the family court, the timeline of collaborative divorce is largely driven by the parties.

who does collaborative law work for?

Collaborative law works well for couples who are committed to resolving matters outside of court and are able to negotiate constructively. If either party is unable to commit to this, then collaborative law will not be a good option. Likewise, it will not be a favourable option for couples where there are allegations of abuse or a significant power imbalance.

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