As a result of separation, the finances and lives of separating couples and their children change. Sometimes an entirely amicable arrangement can be reached from the outset. Unfortunately that is not always the case and couples must find a way to resolve their differences. Collaborative practice is designed to focus on resolution and minimize conflict. Separating couples and their lawyers agree to make a good faith attempt to reach a mutually acceptable settlement without going to Court. Together they work to co-operatively address everyone's legal, financial and emotional needs.

The advantages of the collaborative law process

• You keep control of the divorce process;
• You avoid going to court;
• Children's needs are given priority;
• The solution fits you, not one size fits all;
• To preserve and assist your ongoing harmonious relationship;
• A fair settlement promoting your needs, interests and objectives.

How it works

Both parties have an initial meeting with their respective lawyers to obtain advice regarding the collaborative process and to identify the issues that are important to them. The parties and their lawyers then come together in four-way meetings (you, your spouse/partner and each of your lawyers) to reach a settlement. In these four way meetings the parties put their "cards on the table" and all issues are discussed in an open non-confrontational manner. The lawyers support the negotiations by providing the parties with not only the structure to facilitate agreement but also with the benefit of their skills, advice and support. With this assistance, in an atmosphere of openness and honesty, couples can communicate their respective needs and work towards securing their future.

The collaborative process involves where appropriate other professionals such as accountants, financial advisors and counsellors providing specialised professional advice to assist any financial, emotional or other isssues which may arise in the process.

The Participation Agreement / Collaborative Contract

To start off the process the parties and both collaborative lawyers sign a Participation Agreement, also own and a collaborative contract, which requires the parties to:-

• Exchange complete financial information so that they can make well informed decisions;
• Maintain absolute confidentiality throughout the process enabling one another to express frankly their needs and concerns;
• Reach written Agreement on all issues and concerns without the threat of Court proceedings;
• Formalise and carry out the agreement reached with the appropriate documentation.

Is my case suitable for collaborative practice?

Not all matters are suitable for resolution through collaborative practice

Collaborative practice may be an appropriate option for you if you and your spouse:

• Wish to spare your children from the emotional damage litigation can cause.
• Accept personal responsibility in moving forward and reaching agreement.
• Believe it is important to create healthy and more holistic solutions for your family.
• Understand and embrace the necessity to make full and frank disclosure about financial issues.

Collaborative practice will not be the right option for you if:

• Your primary aim is to seek revenge against your former spouse or partner.
• You are looking for a "soft option"
• You think the procedure will enable you to pressure your spouse or partner to agree to your wishes.
• You want to avoid giving certain financial information to your spouse or partner.
• Where there has been a history of domestic violence or any form of abuse, the lawyers will first have to determine whether collaborative law is appropriate. It may be that other professionals are required to be involved to assist and support you through the process and to ensure that your interests are promoted and protected.

Further Information

• Read articles from the International Academy of Collaborative Professionals