Collaborative Law (or Collaborative Practice)

The primary purpose of Collaborative Law (also called Collaborative Practice or Collaborative Divorce) is to offer you and your former partner a respectful divorce or separation - A Divorce with Dignity.   A Divorce without Court. If you have children, a respectful divorce is more likely to result in you having a better ongoing parenting relationship.

You receive support, guidance, advice and protection from your own independent lawyers. A fundamental requirement of Collaborative Law is that if you cannot reach an out-of-court settlement, the lawyers who have acted in the Collaborative process cannot go to court with you. As a result, lawyers engaged in Collaborative Divorce are motivated solely towards helping you achieve a fair, out-of-court settlement that is right for you and your family.

Read the Queensland Collaborative Law online brochure

The key difference between Collaborative Law and conventional divorce is the pledge to reach an agreement and not go to court. You and your former partner keep control of the decisions yourselves, rather than giving it up to a judge. In order to accomplish that, all of the parties consent in writing to be part of a respectful process that leads to an out-of-court resolution. With Collaborative Practice, the goal is to develop effective relationships, solve problems jointly, and prevent a court battle.
Even under the best of circumstances, communication can be strained as a relationship is ending. Yet keeping the lines of communication open is essential for reaching an agreement. Collaborative Law provides for face-to-face meetings with you, your former partner, your respective lawyers and your team as needed. These sessions are intended to produce an honest exchange of information and expression of needs and expectations. When the issues are openly discussed, problem solving can be direct and solutions-oriented.
If you’ve reached a decision about separation, you may be reassured to know that Collaborative Law focuses on attaining resolution. The collaborative divorce model is designed to protect the interests of children and help you and your former partner move forward with new lives. Throughout, the collaborative process emphasises co-operating to find solutions. And instead of being an endless airing of grievances, Collaborative Practice encourages people to reach a workable settlement by building on areas of mutual agreement.
Divorce usually involves many considerations, from concern for children to financial questions to property matters. Along with handling the overall emotional impact, managing by yourself can be difficult. For that reason, Collaborative Law offers you a supportive approach. You and your lawyer work as a team. Other professionals including psychologists, child specialists, and financial specialists can become part of your team, helping find constructive solutions to deal with separation’s wide-ranging issues and establish goals for the future.
Divorce ends marriage but need not sever family ties or relationships. Especially when children are involved, lifelong responsibilities remain. By preserving respect and encouraging co-operation, Collaborative Law helps parents and children keep family bonds while embracing new lives. Divorce will always remain a significant life event. In the face of it, Collaborative Law can lead you and your families to a compassionate ending, and a healthy new beginning. A divorce without court leads to better outcomes for families.