A Collaborative Law Approach To Your Separation
Separating from your partner can be an extremely difficult time and can leave you feeling overwhelmed and anxious about what the future holds. Getting help from a collaborative family lawyer, allows you to resolve your separation with speed and certainty, without the need for litigation.
At Nolan Lawyers, we take the time to understand your unique situation and concerns and will guide you through the collaborative family law process with compassion and empathy.
You can be confident that your case is being handled by collaborative law experts with extensive experience in helping people just like you.
How We've Helped People
Just Like You
Book Your Free 30-Minute Collaborative Law Consultation
Why Choose Nolan Lawyers To Handle Your Collaborative Law Matter
It’s crucial that you find a collaborative family lawyer who makes you feel comfortable with the process. We encourage you to meet with a few family lawyers in Sydney so that you can be confident that Nolan Lawyers is unlike any other.
Just some of the reasons why Nolan Lawyers is a great choice to help you navigate your separation using collaborative family law include:
Focus On The Best Outcome
We focus on securing the best outcome possible by adopting a collaborative approach with your ex-partner's legal team and other specialised professionals such as accountants and child therapists.
Frequent & Consistent Communication
The format of collaborative law will ensure consistent communication through frequent, scheduled meetings.
As collaborative family law experts, we believe going to court should always be a last resort.
A Customised Strategy
Since no two family law matters are the same, you’ll get a detailed, customised collaborative family law plan based on your specific situation, so that you know what to expect.
You will have focused attention from a compassionate team that genuinely cares about you and your wellbeing.
We provide professional representation that is focused on securing the best outcome possible.
What To Consider When Choosing A Collaborative Lawyer To Handle Your Family Law Matter
It’s important that you find a collaborative lawyer who has experience handling family law matters with compassion and empathy. We will take the time to understand your unique situation so that we can provide you with guidance and support.
You should select a family lawyer who has a collaborative mindset and who is experienced at disarming confrontational situations. We focus on achieving an amicable outcome for you and your ex-partner, by working collaboratively to achieve a fair outcome for both parties.
Collaborative practice places emphasis on problem solving, negotiation and co-operation to settle conflict. The non-confrontational nature of this practice enables Lawyers working with other professionals and their clients to respectfully resolve disputes and, stay out of Court.
Collaborative Law Experience
Is your family lawyer trained in collaborative practice? Not every family lawyer is trained in collaborative practice and not every family lawyer has the correct style to be a good fit for this type of dispute resolution. It is important that you find someone who has experience.
What Is Collaborative Law?
Collaborative law is where you, your ex-partner and both of your lawyers agree to work together to find a fair and amicable solution in order to avoid going to court.
Everyone involved, including a coach/facilitator, signs a Participation Agreement setting out the ground rules for the collaborative process. The agreement will stipulate that if either side commences court proceedings, both collaborative lawyers will be disqualified from representing their client. This is a distinctive feature of collaborative law in that the lawyers also have an interest in resolving the dispute collaboratively.
The coach/facilitator is chosen by you and your ex-partner and is often a trained mediator. They will manage all communication and will help you and your ex-partner understand each other’s perspective. They will meet with both of you before each meeting and will explain the process, discuss how you’re feeling and help you both prepare for the next step.
The negotiations take place in a series of ‘5 way’ meetings between you, your lawyer, your ex, their lawyer and the coach/facilitator. There are no positional letters exchanged between the lawyers, no court documents detailing the other party’s faults and shortcomings. The focus is instead on finding amicable solutions for you and your family.
How Can Other Professionals Assist?
In matters involving children, professionals such as counsellors and family therapists can offer expert advice and assistance. In disputes involving financial issues, financial planners, valuers and accountants can also be engaged to provide information or advice. As an example, often there will be a difference of opinion on the value of an asset. By engaging a third party to accurately value the asset it becomes easier to resolve the dispute.
Why Collaborative Law Is So Successful
One of the reasons that Collaborative law is so effective is that both lawyers are disqualified from acting for their client if the process fails. The Participation Agreement outlines the fact that everyone involved is trying to achieve an amicable settlement without threatening or being subject to the threat of court proceedings when things become difficult.
Underpinning the collaborative process is an understanding that both you, your ex-partner and your respective lawyers, will act in good faith, be open and honest with their dealings with one another and respect that each person will have different views that need to be expressed to achieve a fair and equitable settlement.
By agreeing at the outset not to go to court, you are encouraged to reach creative settlements while having your family’s interests at the forefront of any settlement agreement.
Book Your Free 30-Minute Collaborative Law Consultation
Watch Some Of Our Clients
Talking About Their Experience
Is My Case Suitable For The Collaborative Law Process?
Collaborative law is not for everyone. If the following are important to you, you may wish to consider a collaborative approach:
- You want a dignified, non-aggressive resolution of the issues related to separation
- You and your partner have children and wish to reach a mutual agreement, with your children’s needs and interests as a priority
- You wish to avoid the costs and animosity generated by court litigation
- You value retaining control over decisions about restructuring your financial arrangements or arrangements in relation to the children, with advice from experts
- You do not wish to hand over decision making to your lawyer or to a judge
- You want your dispute and the terms of any settlement agreement to be confidential
- You need the assistance of a collaborative lawyer to help you negotiate in face to face meetings
- If children are involved, you want to maintain a respectful co-parenting relationship with your partner
Collaborative law will not be the right option for you if:
- Your main objective is to “seek revenge” or to “have your day in court”;
- You are looking for a “soft option”;
- You think that the process will allow you to “out-manoeuvre” the other party;
- You are hoping to get away with giving less than a full and frank financial disclosure;
- In cases where there is a history of domestic violence or other abuse, the collaborative family law experts will need to consider very carefully whether the case is suitable for the collaborative process and are likely to insist on the involvement of other professionals in the process to ensure that the interests of you, your partner and any dependant children are adequately protected and represented.
Free 30-Minute Collaborative Law Consultation
We want to help you through this uncertain time. That’s why we offer a free 30-minute consultation where we provide you with expert advice relating to your specific situation. After attending the session you will walk away with:
- Answers to all of your questions about the collaborative law process, specific to your situation.
- A clear plan around timelines, processes, and costs.
- The confidence and knowledge that you are ready to tackle what can be a difficult and emotional time.
We genuinely want you to feel safe and supported throughout the process and can’t wait to hear from you.