This blog discusses collaborative family law, an alternative to traditional divorce proceedings in which separating spouses work with legal professionals to resolve their disputes outside of court. We'll explore how this method works, who it might be suitable for, and the advantages and challenges it presents for separating couples.

What is Collaborative Family Law?

Collaborative family law allows separating spouses to work with legal professionals on a shared goal—to settle issues between them gracefully, fairly, and efficiently. Through a participation agreement, two parties will each retain a lawyer who practises collaborative law, trying to stay out of court and work out a solution to their dispute. Other professionals, such as divorce coaches, child specialists, financial advisers, and tax experts, often play a role in this process. They help separating spouses manage their emotions, communicate better, understand each other’s needs and the needs of their children better, and make informed decisions about their financial matters.

An agreement reached out of the collaborative process can be as binding as a court order or arbitration decision.

Is a Collaborative Family Law Process Suitable for Everyone?

A collaborative process takes commitment, as trying to work collaboratively with your separating spouse might not be easy. Everyone has his or her own agenda, and what feels important to you might not be as important to your separating spouse. 

A collaborative process might not be suitable for everyone, but it can make a “win-win” happen if the two of you trust each other, believe in teamwork, are frank with each other, and are willing to make concessions. For families with children, a collaborative process can be appealing. More parents nowadays are moving away from holding a negative view of each other and trying to master the art of co-parenting. 

What are the Pros and Cons of Collaborative Family Law?

Collaborative family law is generally considered to be more graceful, less costly, and less stressful than a court proceeding. With the right participants and the right amount of commitment, this process can turn the seemingly impossible into achievable possibilities. 

However, there are also disadvantages to a collaborative process. It might not be suitable for parties exposed to domestic violence or parties displaying a significant power imbalance. 

The collaborative process requires the parties to give up the lawyer they hired for this process if either party commences a legal action against the other. Some see this limitation as an incentive for separating spouses to utilize collaborative law to reach a fair settlement. For others, time and lawyer’s fees spent on the collaborative process are wasted if either party opts out and goes to court. 

If you wish to know more about collaborative family law or try out this process, lawyers at Westside Family Law are happy to assist you with their expertise.