Overview

Collaborative Practice is a modern, team-based process to help separating couples reach an amicable agreement about financial or parenting matters—without court proceedings.

You, your former partner, and your respective lawyers commit to working together respectfully and openly to find tailored solutions that meet the needs of your whole family.

Other trained professionals – like financial experts, children’s experts, mental health professionals, or coaches – can be brought in to support your goals, if needed.

The defining feature of Collaborative Practice is that both lawyers agree not to threaten court and must withdraw if the matter goes to court. This encourages everybody to work together towards a genuine resolution, and removes any financial incentive for lawyers to encourage litigation.

What makes Collaborative Practice different?

Collaborative Practice is different from traditional legal negotiations in a number of ways: 

• Settlement discussions usually occur in a series of 3–5 meetings with both lawyers and parties present. There are no hostile legal letters.
  
• Negotiations focus on interests, not legal positions. The focus is not on “winning” but rather on finding solutions that meet both parties’ needs.
• Discussions are transparent. Relevant facts and legal advice are shared openly, so there are no hidden agendas.
• It’s a team-based process. Other professionals can be involved as needed, making the process more supportive and efficient.
• Court is off the table (unless you engage new lawyers). This creates a shared commitment to finding a resolution by agreement, rather than preparing for a courtroom battle.
• The best of both worlds. You still have the benefit of legal advice and support navigating the process, but without the adversarial tone or stress that often comes with traditional litigation or lawyer-led negotiations.
  
• Children’s needs stay central. The process is designed to prioritise the wellbeing and long-term interests of any children.

Is Collaborative Practice right for our family?

Some key signs that Collaborative Practice may be an option to consider include if you and your former partner:

✓ Want to avoid going to court

✓ Value a calm and respectful process

✓ Wish to remain amicable or part ways with dignity

✓ Want to prioritise your children’s wellbeing

✓ Prefer a customised solution rather than a “cookie-cutter” outcome

✓ Can commit to engaging in the process respectfully and in good faith

Even if communication is strained, the structure and professional support in Collaborative Practice can help navigate difficult conversations.

Collaborative Practice has even been known to be effective in cases involving a history of family violence, provided that appropriate safeguards are in place, both parties feel supported and free to make their own decisions, and both parties engage genuinely in the process. 

What does the process look like?

The Collaborative process can be tailored to your specific situation, but usually involves the following steps:

1. Engage lawyers

You and your former partner each engage a Collaborative Lawyer.

We can assist your former partner with a referral to a Collaborative Lawyer if required. 

Whilst the Collaborative Practice model cannot be used if your former partner’s lawyer has not been collaboratively trained, in that case we can still aim to work as cooperatively as possible with their lawyer and adopt a respectful, problem-solving approach.

2. Build the Collaborative Team

The Collaborative Team is built around the needs of your family. Aside from the two Collaborative Lawyers, the team may also include other collaboratively trained professionals such as financial experts, children’s experts, mental health professionals, and/or a collaborative coach.

Once the Collaborative Team is organised, everybody signs a Participation Agreement to confirm the terms of the Collaboration.

3. Collaborative Meetings 

The Collaborative Team meets for a series of 2–3 hour meetings to discuss your and your former partner’s goals for the future, address concerns that either of you may have, and explore options for resolution. The aim is to ultimately agree to a resolution that works for both of you.

For financial settlements, early meetings usually focus on temporary arrangements (e.g. payment of the mortgage, use of the family home, interim financial support) and gathering information (e.g. financial disclosure, valuations, tax advice, etc). Once these foundational matters are resolved, later meetings can focus on exploring settlement options.

When children’s arrangements are involved, early meetings often include developing a shared understanding of the children’s needs, dealing with any immediate concerns, and discussing short-term care arrangements. As the process unfolds, longer-term plans are explored with the support of child experts or other professionals if needed.

On average, 3–5 meetings are required from start to finish. However, this may vary depending on the complexity of the case. 

4. Settlement documents

Once a resolution is reached, the lawyers will draft the documents needed to formalise the agreement that has been reached. 

This may include documents such as Consent Orders, a Financial Agreement, a Binding Child Support Agreement, and/or a Parenting Plan. 

5. Implementing settlement

Once the settlement documents are signed, practical steps are taken to implement the agreement—such as transferring property, refinancing loans, dividing superannuation, or starting the new parenting schedule.

Your professional team may remain available to support you during this transition, if needed.

How we can help

We can guide you through the process and help you decide whether Collaborative Practice is the right approach for your situation.

Specifically, we can:

• Assess whether Collaborative Practice is suitable in your case.

• Explain what the process would look like in your specific case—financial, parenting, or both.

• Coordinate with other professionals (e.g. financial experts or child consultants) to put together the Collaborative Team, if needed.

• Refer your former partner to a trained Collaborative Lawyer if they don’t already have one.

• Represent you throughout the Collaborative process and support you in reaching a workable, respectful resolution.

Our Director is a trained Collaborative Lawyer and can be engaged to assist you from start to finish.