Collaborative Professionals WA

Collaborative Law

What is collaborative family law?

Collaborative family law offers a fresh approach to resolving the issues that arise out of a relationship breakdown. In the collaborative process, you, your former partner and your lawyers agree to work together to find a workable solution to whatever financial or child-related issues and concerns that you each wish to address, without involving the court.

A collaborative approach allows for a greater degree of co-operation between a range of professionals involved in helping families. Participants involved in a collaborative process can have access to the skills of child specialists, counsellors, accountants and financial advisors who can bring their expertise to the process when appropriate. This approach allows you to make the best use of the time and skills of your lawyers who are able to concentrate on assisting your negotiations towards reaching settlement.
Collaborative family law has been practised in the USA and Canada since the early 1990’s and more recently in Europe and Australia. It is now recognised as a successful alternative dispute resolution pathway.

Collaborative law is not for everyone. However, it will be of interest to you if the following considerations are important to you:

you want a dignified, non-aggressive resolution of the issues;
you and your former partner have children and wish to reach a resolution by agreement with their needs and interests being emphasised;
you do not wish to incur the costs and animosity generated by Court litigation;
you value keeping control over decisions about restructuring your financial arrangements or about arrangements in relation to the children, while accessing the advice of various experts;
you do not wish to hand over such decision-making either to your lawyer or to a judge;
you want your dispute and the terms of any subsequent settlement agreement to be confidential; or
you need the assistance of a lawyer to help you negotiate in face-to- face meetings.

The success of this process depends upon:

the participants being focused and committed to the future;
all participants being able to recognise their own needs and the needs of their former partner;
all participants being able to listen to a range of options for agreement; and
willingness to provide full and frank financial disclosure.

If there is a history of domestic violence or other abuse in the relationship, these issues will need to be carefully considered when assessing suitability for the collaborative process. These types of matters, where they proceed, are likely to involve other professionals to ensure that the interests of you, your former partner and any dependent children are adequately protected and represented.

Other professionals and the help they can provide

In many disputes, especially matters involving children, other professionals such as counsellors and family therapists can offer expert advice and assistance to you. Learning how to communicate with one another and resolve conflict as it arises will be invaluable long after the legal process is finished.

In disputes involving financial matters, financial advisors, valuers or accountants may be needed to provide information or advice.

The collaborative process is very flexible. Other professionals may be used in a team approach to work with or along-side you and your respective lawyers. You and your former partner agree and decide upon when and how any experts are used in discussions with your lawyers.