FAQs on Collaborative Practice

What is collaborative practice in family law?
Collaborative practice is a structured way to resolve family law matters outside court. Each person has their own collaboratively trained lawyer, and everyone meets together in planned meetings to reach an agreement both people can accept..

How does collaborative practice work?
Each person chooses a collaborative lawyer, suitability is assessed, and everyone signs a Participation Agreement. The team then identifies the issues, shares information, develops and evaluates options, and documents the agreement.

How is collaborative practice different from court?
Everyone commits not to go to court while the collaborative process continues. That lets professional time go towards finding a solution rather than preparing for litigation.

Do I have to agree with my former partner?
No. You never have to accept an outcome you consider inappropriate. Your lawyer will advise you throughout.

Do I still get independent legal advice?
Yes. You have your own lawyer, and you can speak with them privately before and after every collaborative meeting.

Who is part of a collaborative team?
The core team is both parties and their lawyers. Where useful, it can also include a collaborative coach, a neutral accountant, a financial planner or a child psychologist or consultant.

How is collaborative practice different from mediation?
In mediation, a neutral mediator helps you negotiate and lawyers may or may not attend. In collaborative practice, each person has their own lawyer involved throughout, usually across a series of meetings.

Is collaborative practice only for amicable separations?
No. It’s designed for people who have issues to resolve. You don’t need to trust your former partner completely, but you do need to be willing to take part genuinely.

When is collaborative practice not appropriate?
Court or another process may suit better where there are serious safety concerns, family violence or coercive control, significant power imbalances, concealment of assets, refusal to disclose finances or a need for urgent orders. Suitability is assessed individually.

What happens if collaborative practice doesn’t work?
Either person can end the process. The collaborative lawyers then stop acting, and each person engages a new lawyer if court is needed.

Is collaborative practice cheaper than court?
It can be, but it’s never guaranteed. Cost depends on complexity, the number of meetings and which professionals are involved. Contact us and we will advise costs based on your individual circumstances.

What if my former partner hasn’t heard of collaborative practice?
That’s common. You can share information about it and suggest they get their own advice from a collaboratively trained lawyer. Neither of you is committed until you both choose to proceed.

How can I prepare for collaborative practice?
Think about what matters most to you and your children, and what worries you. You can also start gathering basic information about income, assets, liabilities and superannuation.

Is collaborative practice right for me?
It may suit you if you want to avoid court where possible, value privacy, and are willing to share information openly and consider your former partner’s concerns.