Collaborative Family Law Practice: A Better Way to Resolve Family Disputes
Family law disputes are often emotionally and financially draining, frequently leading to long, adversarial court battles that can further strain relationships. Fortunately, there is an alternative gaining popularity in Sydney and across Australia: Collaborative Family Law Practice. This approach emphasises cooperation, negotiation, and mutual respect, helping families resolve disputes in a more amicable and efficient way. Clients benefit from outcomes that are better for the whole family, often at a much lower cost than traditional court proceedings.
What is Collaborative Family Law Practice?
Collaborative Family Law Practice is a voluntary dispute resolution process in which parties and their lawyers commit to resolving family law issues without going to court. The process emphasises open communication, mutual respect, and a shared commitment to solutions that are in the best interests of everyone involved, particularly children.
Is Collaborative Family Law a New Approach?
No. We understand that when a relationship breaks down, it is not the right time to experiment with untried methods.
Collaborative family law has been practiced for over 30 years. It began in the United States and is a well-established alternative dispute resolution method. The process has a high success rate and strong client satisfaction.
Although the legal profession can be slow to evolve, Australian courts recognise the benefits of alternative dispute resolution. They actively encourage collaborative practice as an alternative to litigation.
What Makes Collaborative Family Law in Sydney Different?
The process begins with both parties and their lawyers signing a participation agreement, which formalises their commitment to resolve the dispute without going to court. If either party decides to go to court, both lawyers must withdraw, and the parties must seek new legal representation. This approach encourages cooperation rather than escalating conflict.
Collaborative family law involves a series of four-way meetings between the parties and their lawyers. These meetings encourage open communication, allowing parties to express concerns, needs, and interests. The aim is to reach a mutually acceptable agreement that respects everyone’s rights.
Neutral third-party experts, such as financial advisers, accountants, psychologists, child specialists, and collaborative coaches, can also assist. They provide joint guidance to the parties and, when relevant, their lawyers. Their input often clarifies issues, helping parties reach a mutually beneficial resolution.
Once an agreement is reached, we formalise it in legally binding documents.
The Role of Sydney Family Lawyers in Collaborative Practice
In collaborative law, family lawyers act as facilitators rather than adversaries. We help clients communicate effectively, understand their legal rights, and explore options for resolution. Our goal is to keep the process respectful, constructive, and focused on shared objectives.
Unlike traditional litigation, which often leaves both parties feeling like “losers,” collaborative practice aims for a win-win outcome.
Our collaborative family and divorce lawyers in Sydney understand the law, but we focus on clients’ human goals rather than positional bargaining. We address important issues that traditional family law might dismiss, ensuring our clients feel heard.
Benefits of a Collaborative Family Lawyer
Collaborative family law offers several advantages over traditional litigation:
- Encourages open communication and cooperation
- Preserves relationships
- Reduces the emotional toll of disputes
- Gives parties more control over the process and outcomes
- Allows parties to set the pace of negotiations
- Generally more cost-effective and quicker than court proceedings
By contrast, traditional family law hands control to a judge, who makes decisions according to the Family Court’s timeline.
How Collaborative Family Law Differs from Mediation
Collaborative family law differs from mediation in key ways. In mediation, parties may or may not have legal representation, and the mediator cannot give legal advice. If lawyers are involved, their role mirrors traditional adversarial practice.
Collaborative law combines the best aspects of mediation with structured legal guidance, allowing separation to occur in a calmer, more considered manner.
Is a Collaborative Divorce & Family Lawyer in Sydney Right for You?
Ultimately, the outcome of any family law dispute is the same: legally binding and enforceable documents that govern future interactions, particularly where children are involved.
The question is which pathway you prefer. Litigation and other dispute resolution methods are necessary in cases of domestic violence, substance abuse, or certain personality disorders.
Our Sydney Collaborative Family Law Practice represents a shift from adversarial to cooperative resolution. It recognises that family law disputes involve emotional and relational aspects, not just legal issues. By promoting open communication, mutual respect, and cooperation, collaborative practice helps parties resolve disputes while preserving relationships.
Separate Smarter with Collaborative Family Law (AKA Collaborative Divorce)
What is Smart Separation? Hover on the Words Below to Find Out!
Collaborative Law Comparison Table
Collaborative Family Law vs Traditional Family Law
| COLLABORATIVE FAMILY LAW | TRADITIONAL FAMILY LAW |
| More cost-effective than litigation | Expensive – costs often run over $100,000 per party |
| More efficient than litigation – you set the pace | Drawn-out process – often takes two years or more to get to trial |
| You retain control of the entire process and outcome | No control over outcome – a third-party (judge) will ultimately make the decisions for you |
| Calmer and more considered way to separate | Adversarial approach often inflames the situation leading to further issues |
| “Win-win” outcome for whole family | “Win-lose” or “lose-lose” outcome |
| Interests-based approach (legal and human issues are relevant) | Rights-based approach (only legal issues are relevant) |
| All parties benefit from insights of neutral third-parties, where appropriate | Experts can provide an opinion but don’t advise both parties or consider multiple mutually-beneficial options |
| Strong incentive and commitment to reach mutually-beneficial resolution | No incentive to settle the matter outside of court |
| Future-focused – the outcome should help parties rebuild their lives beyond separation | Legalistic approach to separation determines parties’ rights based largely on past and current factors |
| Family-focused – respectful relationships are preserved, particularly where co-parenting is involved | Already strained relationships are often further damaged by the litigious process |
| Build-your-own-adventure model – this pathway offers a very tailored, bespoke service for you and your family | Prescribed steps through court process with timeline dictated by court workload |
| Creative solutions – we are not hamstrung by the “usual” cookie-cutter solutions which may not work best for your family | A strictly rights-based, legalistic approach can limit possible solutions to an issue in dispute |
| Totally private and confidential process | Court is open and your dispute is aired in a public forum |
Frequently Asked Questions
How we work
Collaborative Family Law
1. Is Collaborative Family Law (or Collaborative Divorce) a legal process like going to court?
Collaborative Family Law (or Collaborative Divorce) is indeed a legal process – without the need for you to go to court. It requires you and your former partner to engage collaboratively trained family lawyers to represent you. You will receive legal advice regarding your dispute and the various legal issues which arise. It is a legal pathway with formal steps that are followed to resolve your family law dispute, as an alternative to the combative, expensive and lengthy court process.
The result at the conclusion of the Collaborative process is the same as that of concluding a trial at court – namely, a set of legal documents which set out the terms for any parenting arrangement, property division, spousal maintenance, and child support between you and your former partner.
In Collaborative Family Law, these terms are set out in various written “agreements” which adhere to the requirements set out in the applicable Family Law legislation. Similarly, if the outcome is decided by a judge in court following the traditional family law pathway, the terms of the judge’s decision are called “Orders”.
The only difference between the Collaborative Family Law process and going to court is who decides the outcome and how you get there. In Collaborative Family Law, you retain control throughout the process and reach an agreement with your former partner, rather than having a third-party (judge) decide the outcome for you in court.
2. Do we each need our own lawyer?
Yes. You and your former partner will each require legal representation. The difference in Collaborative Family Law (or Collaborative Divorce) is that you and your former partner each need to be represented by a collaboratively trained family lawyer. A list of certified collaborative family lawyers can be found on the Australian Association of Collaborative Professionals website:
https://www.collaborativeaustralia.com.au/find-a-professional/
If you would like to use Collaborative Family Law to resolve your family law dispute but are unsure about how to raise this with your former partner, we can assist you.
3. How does Collaborative Family Law keep us out of court?
‘Going to court’ is not just a ‘one-off’ court attendance but rather involves many steps. It requires numerous court attendances by both parties and their lawyers during which time the court may direct the parties to undertake various tasks (such as meet with family consultants or psychologists) or obtain/provide information (e.g. valuations, financial information, or documentary ‘proof’). The final court attendance is called a final hearing. In addition to not giving the parties control over the final outcome, the court process is lengthy, emotionally and financially depleting and usually leaves both parties with bitterness and resentment towards each other.
If you choose Collaborative Family Law, we commit to keeping your family out of court. One of the critical early steps in the process is that you and your former partner and the collaborative lawyers representing each of you sign a “Participation Agreement”. This agreement is a contract between all four parties that the matter will not be taken to court (or even threatened to be taken to court). A crucial term of the Participation Agreement is the lawyers’ commitment that if the Collaborative process breaks down, both lawyers must withdraw from the matter and cannot represent their client in traditional family law proceedings (i.e. going to court). Each party must therefore find new lawyers if either party wishes to end the Collaborative process and go to court. This model provides everyone with a strong incentive to work together to resolve the dispute and achieve a better outcome for the whole family.
4. I want to use Collaborative Family Law but my former partner has already engaged a traditional family lawyer to represent them.
If your former partner already has legal representation, this is not automatically a barrier to using Collaborative Family Law to resolve your dispute. Many traditional family lawyers are also trained in Collaborative practice, however, you and your former partner must both agree to using the Collaborative family law pathway to resolve your dispute. If your former partner would also like to resolve the dispute using Collaborative practice, they will need to engage a certified collaborative lawyer to represent them. You can find a list of Collaborative Family Lawyers here:
https://www.collaborativeaustralia.com.au/find-a-professional/
5. What is the outcome of the process?
The result at the conclusion of the Collaborative process is the same as that of concluding a trial at court – namely, a set of legal documents which set out the terms for any parenting arrangement, property division, spousal maintenance, and child support between you and your former partner.
In Collaborative Family Law, the terms of any agreements reached by the parties are set out in either of the following documents:
- various written “agreements” which adhere to the requirements set out in the applicable Family Law legislation; or
- “Consent Orders” which are “agreements” registered with and approved by the court (without the parties attending court); or
- A combination of various written documents and Consent Orders.
Whether the result of the Collaborative process is documented by various agreements or by Consent Orders, we ensure that the terms of your agreement are legally binding and enforceable.
6. What happens if we do decide to go to court? (If you choose Collaborative Family Law)
Collaborative Family Law boasts an extremely high success and client satisfaction rate, particularly when compared to parties whose disputes are settled in court. If, however, the Collaborative process breaks down and either your or your former partner decide to commence proceedings in court, both lawyers must withdraw from the matter and you and your former partner must engage new lawyers. Even if the Collaborative process breaks down and you engage new lawyers to take your matter to court, the time you have spent in the Collaborative process is not wasted as often several (if not most) issues have already been resolved through the Collaborative process, narrowing the issues in dispute to be decided in court.
7. Who attends the collaborative meetings?
Although not required in every case, a Collaborative Coach is a neutral third party who acts in a capacity similar to a project manager for the dispute. It is entirely in the parties’ discretion whether or not to engage a Collaborative coach. Similarly, it is open to the parties to jointly engage other neutral third-party experts to provide guidance and assistance in resolving their dispute. Third party neutrals can include accountants/financial/tax professionals, property or business valuers, child experts, and other mental health professionals. These third-party neutrals attend the Collaborative meetings as and when required (and must also sign the Participation Agreement).
8. What is a Participation Agreement?
A requirement of the Collaborative Family Law model is that all participants (you, your former partner and each of your lawyers) sign a Participation Agreement. The Participation Agreement provides that the matter will not be taken to court, nor threatened to be taken to court. It further provides that the lawyers cannot continue to act for either party if the Collaborative process breaks down. If at any stage of the process you or your former partner decide to pursue the matter in court, you and your former partner must find new lawyers to represent you.
The Participation Agreement also sets out the governing principles, terms and conditions of the Collaborative process, such as providing full and honest disclosure of all information. The Participation Agreement must be signed by you, your former partner and your respective lawyers at the first Collaborative Meeting.
9. Do the children attend the collaborative meetings?
No. Children do not attend the Collaborative meetings. The Collaborative meetings provide a safe and supportive space for you and your former partner, together with your collaborative lawyers, to discuss and negotiate all aspects of your family law dispute. Whilst the best interests of the children are always of paramount importance, it is not appropriate for the children to be exposed to or participate in these discussions, regardless of age.
10. Should I still see a lawyer if my former partner and I have already reached agreement on our issues?
Yes. If you and your former spouse have already reached a verbal agreement on all the issues without the assistance of a lawyer, we can formally document your verbal agreement into a legally binding agreement to ensure that your agreement is legally enforceable.
11. Can’t I just resolve my dispute through Relationships Australia or a Family Relationship Centre?
The Family Court encourages parties to attempt to resolve their dispute through alternative dispute resolution (ADR) before resorting to court.
Services such as Family Dispute Resolution offered by Relationships Australia is essentially a mediation service for parties to attempt to address decisions in relation to their children, finances, and property. The mediator (or Family Dispute Resolution Practitioner) facilitates negotiations but cannot provide the parties with legal advice. Furthermore, agreements made in mediation are usually “in good faith” and not legally binding.
For an agreement to be legally binding, it must be drafted in the correct form by a lawyer or submitted to the court in the form of Consent Orders.
By way of example, let’s say you and your former partner enter into a ‘parenting plan’. A parenting plan is simply a document which aims to clarify the arrangements that parents have voluntarily agreed between themselves to put in place to care for their children. It must be in writing and signed and dated by both parents. A parenting plan, however, is not legally enforceable. It is simply the responsibility of the parties involved to honor the agreement voluntarily.
For a financial agreement to be enforceable, both parties must obtain independent legal advice before signing, and the agreement must comply with the strict formalities prescribed by the Family Law Act. For more information on property division, please visit our page on Binding Financial Agreements.
Remember that the decisions you make in relation to your children and your property during the challenging time of separation can have long-lasting consequences. It is therefore important to obtain legal advice before consenting to an enforceable agreement.
A service such as Collaborative Family Law offers an ADR solution which empowers parties through their collaboratively trained lawyers working together to resolve the parties’ dispute. It results in legally binding and enforceable agreements which can cover all aspects of a separation. For more information about Collaborative Family Law (or Collaborative Divorce), please visit out page on Collaborative Family Law.
Alternatively, we can assist and empower you to resolve your dispute through the most appropriate pathway for your matter, and document your agreement into a set of legally binding and enforceable documents – giving you more certainty over your future.
12. What are Certified Collaborative Lawyers?
In addition to being admitted as an Australian Legal Practitioner, in order to qualify as a Certified Collaborative Lawyer, a lawyer must undergo specific additional training in Interdisciplinary Collaborative Practice and satisfy the minimum training requirements to be eligible for membership into the Australian Association of Collaborative Professionals.
13. What if there is domestic violence or coercive control involved?
Whilst Collaborative Family Law is a highly effective pathway for most separating couples or families, for circumstances involving domestic violence, substance abuse or where personality disorders are present, traditional family law litigation and other forms of alternative dispute resolution may be the most appropriate forums for these disputes.