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Collaborative Law

In collaborative practice, each party will meet with their respective collaboratively-trained lawyer to discuss the process and identify the issues that are important to their client.

Through a series of face-to-face meetings between the parties and their respective lawyers, each lawyer will offer legal advice to their client and facilitate other professionals (accountants, financial advisers, mediators, psychologists and counsellors) to provide any necessary advice and support to reach a tailored agreement.

The Collaborative Law Contract

As part of the collaborative law process, each party and their lawyers will enter into a contract that during the process the parties will not litigate or threaten litigation in relation to their dispute, and the lawyers will not advise clients to threaten litigation. If the collaborative process is not adhered to and/or the process does not resolve the dispute, the contract is terminated. The lawyers for each party both cannot represent the separating couple in any subsequent, related litigation and the clients are referred to new lawyers.

The contract will also require parties to :

  • Behave in a respectful manner towards each other.

  • Be open and transparent and exchange complete financial information.

  • Maintain absolute confidentiality throughout the process enabling each party to frankly express their needs and concerns.

What matters are suitable for Collaborative Law

Collaborative practice may be an appropriate option for where:

  • Both parties are committed to working together to reach parenting solutions that avoid emotional trauma to their children.

  • Consider it is important to create healthy and more holistic solutions for themselves and their family.

  • Understand and embrace the necessity to make full and frank disclosure about financial issues.

  • Want to reduce the emotional cost and hardship of separation.

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