Collaborative Law

Sophie Pearson was one of the first trained collaborative professionals, completing her training in 2006, at the time Queensland Collaborative Law commenced.

Collaborative Law is a term reasonably new to the Australian “divorce” process, but is gaining momentum in Australia as one of the most respectful ways to separate.

What is Collaborative Law?

The values of Collaborative Law are integrity, human relationships and connections, and trust. Collaborative Law focuses on resolution and minimises conflict where spouses and former partners, their collaboratively trained lawyers, and other collaborative professionals working with the family such as, psychologists, financial advisers, and accountants, agree to resolve all issues of their case without the intervention of the Court.

The collaborative lawyers and the collaborative team work together with you to shape an agreement making considered decisions for the benefit of the family as a whole.

How does Collaborative Law Work?

Both parties have an initial meeting with their respective lawyers to obtain advice regarding the Collaborative Law process, and to identify the issues that are important to them.

The parties and their lawyers then come together in a four way meeting which includes you, your spouse or partner, and each of your lawyers to reach a settlement. There are often a series of four way meetings to reach the resolution where all issues are discussed in an open and non-confrontational manner.

Trained collaborative lawyers support the negotiations by providing the parties with not only the structure to facilitate the agreement, but also 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.

Is my Case Suitable for Collaborative Law?

Not all matters are suitable for Collaborative Law. Collaborative Law is an option for you and your spouse or partner if you:

  • 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 Law is not a suitable option where:

  • Your primary aim is to seek revenge against your former spouse or partner
  • You are looking forward an easy way out
  • 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 the collaborative process is suitable. It may be that other professionals will be required to be involved to assist and support you through the process, and to ensure that your interests are promoted and protected with no imbalance in negotiated power

What are the Advantages of Collaborative Law?

  • You keep control of the process, whether negotiating property and/or parenting matters
  • You avoid going to court
  • Your children(s) needs are given priority
  • The solution fits you and your family
  • You are focused on settlement rather than being focused on going to war at court