Collaborative divorce is an alternative to the traditional, litigated divorce process. In the collaborative process, couples work together with their lawyers and other professionals (such as accountants and financial advisors) to reach a mutually acceptable agreement without going to court. This approach gives both parties more control over the outcome of the divorce and allows them to reach a resolution that best meets their needs.

The Process

The collaborative process typically begins with both parties signing an agreement which outlines the rules and expectations of the process. This agreement also addresses how issues such as child custody, finances, and property division will be addressed during the negotiations. The next step is for each party to hire their own attorney who will support them and represent their interests throughout the process.

Once both sides have legal representation, the lawyer work with a neutral third-party Collaborative Coach to facilitate meaningful conversations between the couple. Both parties will be encouraged to openly discuss their goals for the separation so that they can reach an agreement that takes into consideration each of their wishes. Throughout this process, all outside professionals (such as accountants and financial advisors) will be consulted to ensure that both parties have a clear understanding of the circumstances.

Once an agreement is reached, the lawyers will draft the necessary paperwork for filing with the Federal Circuit and Family Court. This process usually takes place over several months and may involve additional meetings between the couple and their lawyers to make sure everything is in order before filing the documents.

The Benefits of Collaborative Divorce

1. Enhanced communication – You work together which encourages open dialogue and understanding throughout the process. This can help to avoid any confusion and avoid costly disputes.
2. Controlling the process – You have the ability to control the outcome of your divorce, as opposed to leaving it up to a judge who may not understand all of the nuances of your situation.
3. Reduced emotional stress – By engaging in collaborative divorce, both you and your ex-partner are given the opportunity to express your feelings, share your concerns and reach an agreement that works for everyone involved. This can help to reduce emotional strain throughout the process.
4. Keeping costs down – Because collaborative divorce avoids court proceedings, there are fewer legal fees associated with it. It also allows you to come up with creative solutions that may be more affordable than if a court was deciding the issue.
5. Protection of privacy – By keeping the proceedings outside of a public courtroom, you can protect your privacy while still resolving your issues. This is especially important for those who are in high-profile positions or whose divorce may have an impact on their reputation.

The Disadvantages of Collaborative Divorce

1. An outcome is not guaranteed– You may not be able to reach an agreement with your spouse. If you can’t reach a resolution, then you will have to change to a different lawyer and may have to go to court anyway, which increases your legal costs.
2. Requires cooperation – Collaborative divorce only works when both parties cooperate in the process and are open and honest in their communication.
3. Not suitable for complex cases – If your case involves substance abuse issues, mental health issues or complex property issues, collaborative divorce may not be suitable.
4. Judge does not decide – There is no third party making an impartial decision, and you may feel like it is hard to reach a fair resolution.

In Australia, collaborative divorce is becoming an increasingly popular option for couples looking to avoid lengthy and expensive court proceedings. Its focus on communication and negotiation provides a more positive experience than traditional litigation-based divorce proceedings. By taking the time to reach a mutually acceptable agreement in this way, divorcing couples can achieve better outcomes for themselves and their families.

At Barker Evans, 2 of our Directors, Nicole Evans and Emily Barker, are trained Collaborative Family Lawyers.

If you need assistance in your Collaborative Divorce, or would like to see if it right for you, please contact us on (02) 8379 1892 or email info@barkerevans.com.au