Collaborative family law: a respectful path through separation

Lander & Rogers’ collaboratively trained family lawyers offer a constructive and respectful alternative to court-based dispute resolution ─ one that keeps your family’s needs at the centre.

What is collaborative family law?

Collaborative family law is a process designed to resolve disputes outside of court in a controlled, positive and respectful environment. At the core of collaborative law is a desire of both parties to avoid litigation and remain amicable both during the negotiations and after they reach a final settlement, which is often of critical importance to families with children. Collaboration allows parties to focus on, and indeed prioritise, the wellbeing of the whole family.

The collaborative approach involves both parties signing a participation agreement, requiring them to negotiate openly, provide transparent disclosure and have a genuine commitment to resolving their issues outside of court. Each party’s goals for the settlement are shared at the outset, providing a clear framework for discussions, with no surprises.

Collaboration is suitable for family law matters of all levels of complexity and asset pools of all sizes. Lander & Rogers' team has represented clients with substantial property portfolios as well as those with more straightforward or modest financial positions. For families with children, the collaborative approach can be particularly valuable, as it is designed to foster a long-term, positive co-parenting relationship.

Is collaborative family law right for you?

The collaborative process suits people who:

• are prepared to be transparent about their goals and intentions and disclose all relevant information
• appreciate support from a multidisciplinary team, including lawyers, psychologists and financial experts
• wish to preserve a respectful co-parenting relationship
• want to avoid court
• are willing to work constructively, respectively and openly towards an agreement.

The benefits

There are numerous benefits to collaboration when compared to litigation. For example:

• open negotiations give parties complete control over the outcome
• parties are supported by a multidisciplinary team that facilitates and guides negotiations
• it protects privacy and confidentiality
• there is a focus on preserving long-term family relationships.

The process

Step 1: Speak with a collaboratively trained family lawyer

Find a family lawyer trained in collaborative practice and arrange a meeting with them to discuss your situation and goals. Each party needs to be represented by a collaboratively trained family lawyer.

Step 2: Initial meeting with both parties

The collaborative lawyers arrange a meeting with both parties to discuss, in an open forum, any interim issues and both parties' long-term goals. This is also an opportunity to identify other professionals that could benefit the family, for example, a "financial neutral" or a child consultant.

Step 3: Build your team

The collaborative lawyers work together to build a team of advisors to support the parties.

Step 4: Negotiation phase

The collaborative lawyers work with the established team to identify areas of concern, set agendas, and arrange meetings to navigate through issues. This is often most productive when held in person, with both parties and the team in attendance.

Step 5: Agreement

Once an agreement is reached, the collaborative lawyers draft the agreement into a legally binding document. This can take the form of a binding financial agreement or court orders.

Meet our collaborative family law team

Lander & Rogers has collaboratively trained family lawyers across our Brisbane, Melbourne and Sydney offices. If you are considering separation and want to explore whether a collaborative approach may be right for your family, our collaboratively trained family lawyers can help you understand your options and next steps.