Collaborative Law (Collaborative Practice)

Divorce without Court. Consensual resolution of family law cases

WHAT IS COLLABORATIVE LAW?

Collaborative Law (also called Collaborative Practice or Collaborative Divorce)
is a process where you and your former spouse/partner finalise the legal aspects or your separation or divorce without court.

You negotiate a family law property settlement and/or parenting agreement
in a way that is respectful to each other, puts the interests of your children first
and has a focus on meeting your family’s needs as a whole.

Collaborative Law means you don't have to go to the Family Court.

It is a solution-focussed and cost-effective approach to reaching a family law agreement in a consensual way, minimising conflict.

We believe that conflict is not inevitable.
Collaborative Law offers a way of managing disagreements,
before they become disputes.

collaborative law

HOW WILL COLLABORATIVE LAW HELP ME WITH MY FAMILY LAW MATTER?

In your Collaborative Law process, you are supported by professionals whose expertise will guide and inform you along the way.

The agreements you reach will be made into legally binding family law documents
so that you can move forward with your life post-separation or divorce.

When you have the guidance of professionals and information is shared willingly,
you are able to make decisions that work for your family long-term and promote a better co-parenting relationship.

Collaborative Law is a private process.

You don’t go to Court and your documents are never part of public record.

Most importantly, the dignity of both you and your former spouse/partner are preserved,
giving you the best possible chance of a respectful agreement.

WHAT TO EXPECT FROM COLLABORATIVE LAW

Watch this brief video from the Queensland Association of Collaborative Practitioners to learn more about Collaborative Divorce

WHAT IS A COLLABORATIVE LAW TEAM?

In your Collaborative Law process, you and your former spouse/partner
will each have your own family lawyer to assist, advise and guide you through the process.

You will receive advice about your Family Law Act rights, entitlements and obligations,
and assistance to work through your future goals and how they might be achieved.

Collaborative Law can also include other professionals if your family lawyers believe it will assist
you and your former spouse/partner to work through other aspects of your family law matter.

These may include:

The Collaborative Financial Professional

This neutral team member gathers information from each of you and summarises your financial position.

They can arrange family law business valuations and can assist in having other assets valued.

Importantly, they work with you to ensure you both understand your financial situation, current and future cashflows
and the implications of any proposed property settlement options
and help you generate solutions that meet as many needs of you both, as possible.


A Collaborative Family and Communication Professional

This neutral team member may work with you to develop a family law parenting plan, focussing on the unique needs of your children.

They can also be invaluable where emotional aspects of your separation or divorce make it difficult to move forward
and can assist in developing understandings between you, leading to a better co-parenting relationship.

USING COLLABORATIVE LAW MEANS STAYING OUT OF THE FAMILY COURT

You and your former partner decide, not a judge.

You sign a formal agreement that neither of you will go to Court - or threaten to go to Court.

If the going gets tough, the family lawyers and professional team work harder with you, to find creative solutions to help you reach a family law agreement.

family law mediation agreement Family Lawyer Brisbane

USING COLLABORATIVE LAW MEANS OPEN COMMUNICATION AND SHARING INFORMATION

Communication can be difficult after the end of a relationship.

Many relationships end because communication was breaking down.

That makes it harder to reach agreement on your own, even with the best intentions.

Your meetings within the Collaborative Law process where you negotiate your family law property settlement,
provide an opportunity for an honest exchange of information.

Problem solving is direct and focused on solutions.

COLLABORATIVE LAW LEADS TO FAMILY LAW AGREEMENTS EVERYONE CAN LIVE WITH

In Collaborative Practice, your family lawyers want you to have win-win solutions.

We know that separation and divorce are difficult,
but setting out to hurt the other person is the opposite of what we are seeking in a Collaborative Divorce.

Even if your children are grown up, you never stop being a parent,
so it's important to use a family law settlement process where everyone feels treated fairly
and which minimises the risk of harm to your children.

collaborative law

COLLABORATIVE LAW HAS A FOCUS ON THE FUTURE

Whether your children are young or now adults, you probably want to avoid them becoming involved in or harmed by your separation.

What do you want their significant life events - graduations, weddings, grandchildren's birthdays - to look like?

Will you be there?

Will they have both parents there?

Your divorce or separation will always be a significant life event for you.

Using Collaborative law to reach a family law agreement helps avoid your divorce becoming a significant negative life event, for your children.

You can chose the way you divorce.

Conflict is not inevitable.

collaborative law

THIS COUPLE USED COLLABORATIVE PRACTICE TO FINALISE THEIR DIVORCE....

Jennifer Hetherington Brisbane Family Law Team Collaborative Lawyer

Our Director and Principal Lawyer, Jennifer Hetherington is a Brisbane family lawyer with over 20 years experience in family law,
which is long enough to convince her that the Family Court should be your last resort!

She has completed many Collaborative Law cases and hundreds of hours of Collaborative Practice and Mediation training in Australia and internationally.

Jennifer is also a Nationally Accredited Family Law Mediator and a Registered Family Dispute Resolution Practitioner.

She has been Secretary of the Queensland Association of Collaborative Practitioners since 2017 (and a Committee Member for many years prior)
and a Board Member of the International Academy of Collaborative Professionals since 2017