Disclaimer: This article aims to provide educational information on collaborative family law. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.
In an earlier article, we discussed how mediation can help families come to a separation agreement outside the court system. However, mediation is not your only option. You can also opt for a collaborative family law process.
This article will outline how this process works and its benefits for your family.
What is Collaborative Family Law?
Collaborative family law is a relatively new legal approach focusing on resolving family disputes outside the courtroom. It involves a team-based approach where you, your spouse, and your lawyers commit to working together to reach a mutually agreeable settlement.
In collaborative law, you and your spouse commit to:
- Maintain open communication and information sharing.
- Act in good faith to negotiate a settlement that considers both of your needs
- Not take the matter to court.
Collaborative law has been shown to be very effective. In one study, respondents responded favorably to collaborative law, strongly agreeing that the results were in their (94%) and their children’s (99%) interests. They also noted that it made future cooperation easier (93%).
Why participate in work with a Collaborative Family Lawyer?
Collaborative family law offers many benefits compared to traditional legal proceedings.
Firstly, it is more cost-effective. Litigation is expensive, and your expenses quickly add up. Collaborative family law can save money by avoiding the courtroom and focusing on negotiation and settlement.
Like mediation, collaborative family law provides a faster resolution than going to court. Engaging in a collaborative process means your family can move forward with your lives more quickly and begin the healing process.
You may opt for a collaborative law approach because it helps to protect your relationship with your ex-spouse, especially if you have children. Avoiding an adversarial process allows the co-parenting relationship to be preserved and strengthened after the legal issues are resolved.
How does Collaborative Family Law Work?
It begins with an initial consultation, where you meet with a collaborative family lawyer to assess if the collaborative approach suits your situation. This approach is not for everyone – something we will discuss in a future article. If you both agree to proceed, you formalize your commitment to resolve the matter collaboratively and avoid court litigation.
A crucial part of the collaborative process is the voluntary disclosure of all relevant financial and other information by both parties. This transparent exchange of information means everyone fully understands the family’s circumstances.
The parties and their lawyers then meet to communicate directly and work towards an acceptable resolution. You can complete the process in either a single session or multiple sessions. Unlike litigation, where rigid timelines and court schedules may apply, you can tailor the process to your needs and circumstances.
Once you resolve all relevant issues, your lawyers draft a formal settlement agreement reflecting the agreed-upon terms. This agreement becomes legally binding once you both sign it.
The Role of Lawyers
Collaborative family law relies on the expertise of lawyers who have undergone specific training in collaborative law principles and techniques and are equipped with the necessary skills to navigate families to an amicable resolution.
However, it is essential to note that the commitment to the collaborative process goes beyond the lawyers simply representing their client’s interests in negotiations. The lawyers firmly resolve to settle the matter collaboratively. If negotiations do not succeed, the collaborative lawyers must withdraw from the case.
This unique aspect ensures that all parties involved are fully invested in seeking a resolution outside of court. Should negotiations break down, the clients must seek new legal representation to proceed with litigation.
The Role of Other Professionals
In collaborative family law, your team typically extends beyond your lawyers to include other professionals trained in the collaborative process. These professionals enhance the effectiveness of the collaborative process and provide a more holistic and comprehensive approach. They ensure all facets of your family’s well-being and future are accounted for.
Typically, your team may include a financial advisor. Financial matters, such as property division or spousal and child support, can be complex. A financial specialist can objectively analyze your financial situation and identify viable options for dividing assets and liabilities.
If you have children, that may also include a parenting professional. This specialist acts as a voice for the children, ensuring that their needs and preferences are considered. They can provide valuable insights into the children’s emotional and psychological needs, helping you develop a comprehensive parenting plan that prioritizes your children’s welfare.
You may also include other professionals in the proceedings, depending on your circumstances.
Finding a Better Way with Plat Simionati LP
Finding a better way to resolve family disputes is crucial, and collaborative family law offers a promising alternative. At Plat Simionati LP, Sean Plat is specially trained in collaborative law principles and committed to helping families navigate the process with empathy and expertise.
We have built strong relationships with other professionals to provide a comprehensive and holistic approach to your family’s future. Contact us to explore how collaborative family law can better protect what matters most to you.