Collaborative Family Law - Common Questions Answered

Collaborative Law is a legal process that aims to resolve disputes outside of court, particularly in the context of family law, such as divorce and child custody issues. It is a form of alternative dispute resolution (ADR) that emphasizes cooperation, transparency, and mutual respect among parties, with the goal of reaching a mutually agreeable settlement.

In Collaborative Law, each party hires their own Lawyer who is trained in collaborative law practices. The parties and their attorneys sign a “participation agreement,” which typically includes a commitment to negotiate in good faith, openly exchange information, and use joint experts if needed (for example, financial planners or child psychologists). One of the key features of this agreement is that if the collaborative process breaks down and the case goes to court, the attorneys involved in the collaborative process must withdraw, and the parties must hire new Lawyers for litigation. This clause encourages everyone to remain committed to the collaborative process.

The goal is to reach a settlement that respects the interests of both parties without the need for contentious court proceedings. As with collaborative law more broadly, if the collaborative process fails and the case proceeds to litigation, the original collaborative lawyers must withdraw from the case, and the parties must retain new lawyers for court representation.

This requirement underscores the commitment of all parties to try to resolve their issues through negotiation and cooperation rather than through litigation.

At Boylan Lawyers, we specialise in working with separating families in a way that keeps them away from the courts and enables them to remain friends for the future.

This takes courage and is not for everyone, but divorce is one of the most challenging moments any of us can experience. After several decades in family law, we have come to learn that a long, expensive, and combative legal process is rarely good for anyone.

Choosing Boylan Lawyers for legal representation brings a multitude of benefits that can significantly enhance a client’s comfort and confidence. One of the key differentiators is the firm’s notable industry recognition and awards, which serve as a testament to its excellence in the legal field. These accolades are not just symbols of prestige but reflect the firm’s commitment to providing high-quality legal services, staying abreast of legal advancements, and maintaining ethical standards.

Additionally, Boylan Lawyers prides itself on its team of highly qualified and experienced staff. Each lawyer, paralegal, and support staff member is carefully selected for their expertise, dedication to client care, and passion for justice. This ensures that clients receive personalized and effective legal guidance, tailored to their unique needs and circumstances.