Could collaborative family law provide a calmer alternative to resolving separation and family law matters through the courts?
A 2024 Resolve Political Monitor survey reported that just 30 per cent of Australians had faith in the courts and justice system.
It is a sobering statistic. In the context of family law, it is also understandable why some separating couples may want to explore alternatives to court.
Is Court the Only Option After Separation?
Court certainly has a place in family law.
However, court proceedings can be lengthy, expensive and emotionally demanding. The outcome is also ultimately determined by a judge.
For some separating families, court may be necessary. For others, there may be ways to resolve parenting, property and related family law issues without commencing court proceedings.
It is therefore a misconception that court is always the best or only option when a marriage or de facto relationship ends.
What Is Collaborative Family Law?
Collaborative family law is a dispute resolution process that aims to help separating couples resolve their family law issues outside the court system.
Each person usually has their own specially trained collaborative lawyer. The lawyers work with the couple to negotiate an agreement that reflects their circumstances and priorities.
Collaborative family law can address issues including:
- parenting arrangements;
- property division;
- financial matters; and
- other issues arising from separation.
The process can consider the practical and human aspects of separation, rather than focusing only on the legal issues.
What Are the Benefits of Collaborative Family Law?
For suitable families, collaborative family law may offer several advantages.
- Less confrontation: the process focuses on cooperation and reaching an agreement rather than fighting the matter in court.
- Greater control: the couple works towards an outcome together rather than having a judge make decisions for them.
- Privacy: resolving matters outside court can help keep personal family issues out of court proceedings.
- Flexibility: the parties can work towards solutions that reflect their particular circumstances.
- Focus on children: the process can help parents consider the practical and emotional needs of their children.
- Potentially less time and cost: avoiding litigation may reduce the time, legal costs and emotional strain associated with court proceedings.
Can You Resolve Family Law Matters Without Going to Court?
In appropriate cases, separating couples can resolve their family law matters without commencing court proceedings.
Collaborative family law is one option. Negotiation and mediation may also help separating couples reach an agreement.
The appropriate approach will depend on the circumstances of the separation, the issues in dispute and whether both parties can participate safely and constructively.
A Calmer Approach to Separation
Separation does not have to mean an immediate battle through the court system.
For families who can work together towards an agreement, collaborative family law may provide a calmer and more cooperative way to address parenting, property and other family law issues.
The aim is to resolve the legal issues while also recognising the human aspects of separation and divorce.
If you are considering separation or need to resolve parenting or property matters, contact LEDA Lawyers to discuss whether collaborative family law or another dispute resolution process may be suitable for your circumstances.
Disclaimer: This video and article provide general information only. They do not constitute legal advice and should not be relied upon as legal advice. The suitability of collaborative family law or another dispute resolution process will depend on the circumstances of each matter.