Collaborative Divorce

Collaborative Divorce is a process where both spouses work together, along with their respective lawyers and other professionals, to reach a mutually acceptable resolution.

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What is Collaborative Divorce and how does it differ from traditional divorce?

Collaborative Divorce is a process where both spouses work together, along with their respective lawyers and other professionals, to reach a mutually acceptable resolution. Unlike traditional divorce, it emphasizes open communication and cooperation rather than adversarial proceedings and court.

Collaborative Divorce offers several advantages, such as fostering a more amicable atmosphere, promoting better communication, and allowing couples to have more control over the outcome. It also often results in a quicker and more cost-effective resolution compared to traditional litigation.

While Collaborative Divorce can be a viable option for many couples, it may be particularly beneficial when there is a commitment to open communication, a desire to minimize conflict, and when both parties are willing to work together to find mutually agreeable solutions. However, it may not be suitable in cases involving domestic violence or severe power imbalances.

Collaborative Divorce is particularly beneficial for couples with children and there is a need to maintain an ongoing positive parenting relationship. Research shows that while separation may not be so good for children what is more damaging is ongoing parental conflict. Because Collaborative Divorce agreements are reached in a non-adversarial environment, the opportunities for increased understanding, to foster good communication and to craft a parenting plan that works for all the family, are greatly increased.

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How does Collaborative Divorce Work?

The process can start with any member of a collaborative team. A family lawyer, financial professional, or coach who has undertaken additional specialised training in working in a collaborative team. They will explain the process and help you form your team, based on your needs.

A minimum team will consist of two collaborative family lawyers, one for each of you, and a collaborative coach who guides you both through the process, assists with effective communication and provides emotional support. Financial professionals, a child consultant and other professionals may also be members of the team as required. Like the coach, they are impartial and are there along with the lawyers to provide their expertise in assisting you to make informed decisions.

Once the team is formed and everyone is ready to proceed, the process involves a series of meetings. At the start, everyone involved will sign a Participation Agreement which sets out the rules of engagement and the roles and responsibilities of participants. This is a commitment to the collaborative process and an agreement to settle your family law matters without the threat of Court.

Collaborative Divorce is uniquely designed to help you clarify your goals and discover options with the support and expertise of the professionals involved. This is an open and transparent process where you sit around a table and discuss what really matters in reaching agreements that support the new realities of your family. There are no secret strategies, and the lawyers will provide legal advice in the presence of each of you and the other lawyer.

With each meeting minutes are taken to provide a record of the discussion and actions required for the next meeting. The minutes are circulated, and this allows correspondence to be kept to a minimum. Although there are a number of professionals involved this has proven to be both a time and cost effective process.

A Collaborative Divorce Coach helps facilitate communication between spouses, manages emotional aspects of the process, and assists in finding common ground. Their role is to guide the couple towards a fair and equitable resolution, ensuring that both parties feel heard and respected throughout the process

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To contact Northern Sydney Collaborative Professionals please complete the form or contact a member directly:

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