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Collaborative law is a different, more harmonious way of resolving family law disputes. In collaborative practice, you and your ex-partner will meet with your respective collaboratively-trained lawyers to discuss the process and identify the issues that are important to both of you.

Through a series of face-to-face meetings between both you and your ex-partner, and your 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. 

These structured negotiations take place outside the Federal Circuit and Family Court of Australia process.

Collaborative law requires the involvement of experienced family lawyers who are specifically trained in this process. Honan Family Law has helped many of our clients negotiate with their ex-partners away from the Court to come to peaceful, agreeable terms.

What is a Collaborative law contract?

As part of the collaborative law process, you and your ex-partner, with your respective 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.

Is collaborative law appropriate for my situation?

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 acknowledge 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