Family Law and Divorce

When a family breaks down, the legal system can feel overwhelming. Traditional litigation is often slow, expensive, and adversarial—not ideal when children, emotional well-being, and future relationships are at stake.

In New South Wales, a better option is available: Collaborative Law. This innovative approach offers families a respectful, efficient way to settle disputes, avoiding the courtroom altogether.

What Is Collaborative Law?

Collaborative Law is a structured legal process in which both parties commit to resolving their dispute without going to court. Each person has a lawyer trained in collaborative practice, and all participants—clients and lawyers alike—sign a formal agreement to work together respectfully and transparently.

Unlike mediation, which is a compulsory step before filing a family law application in court (unless an exemption applies), Collaborative Law is entirely voluntary. Both parties must agree to engage in the process. If one party decides to end the collaboration and proceed to litigation, the collaborative lawyers must withdraw and cannot represent their clients in the subsequent court proceedings. This structure ensures that all parties remain committed to resolution without the looming threat of court action.

The process involves a series of face-to-face meetings where everyone is focused on reaching solutions, not scoring points. Collaborative lawyers stay by their client’s side throughout, offering guidance, support, and advocacy within a cooperative framework.

An Example of Collaborative Law in Action

Take Sarah and Daniel. After 12 years of marriage and two young children, they agreed that ending their relationship respectfully was the best path forward. They each engaged a collaborative lawyer and, with the help of a neutral financial specialist and a child expert, set about designing their new lives.

Over several meetings, they discussed parenting schedules, financial arrangements, and future goals. Financial documents were shared openly. Discussions centred on their children’s needs, not past grievances. Within months, they reached a final agreement, protecting their children’s stability and preserving a working relationship as co-parents.

They achieved all this privately, cost-effectively, and without setting foot in court — a hallmark of what Collaborative Law can offer.

Core Principles of Collaborative Law

• Commitment to peaceful resolution: Both parties agree not to litigate.
• Honest disclosure: Financial and personal information is shared openly.
• Respectful communication: Conversations focus on interests and needs, not entrenched positions.
• Team-based support: Other professionals — financial advisers, child consultants, counsellors — can be engaged to offer specialised advice when needed.

Collaborative Law in NSW

In New South Wales, Collaborative Law is a recognised and growing method of family dispute resolution. The Law Society of NSW, among other bodies, supports collaborative practice as a valuable alternative to litigation in appropriate cases, particularly family law.

To practise collaboratively, lawyers must complete specialist training in negotiation techniques, conflict management, and the emotional dynamics of family disputes. The process is voluntary, confidential, and tailored to the parties’ circumstances.

How Koffels Law Firm Can Help

At Koffels Law Firm, we proudly offer Collaborative Law services as part of our commitment to more innovative, compassionate family law solutions. Our collaborative lawyers have undertaken the required specialist training and are passionate about helping clients navigate separation with dignity and care.

We work closely with our clients, offering support, legal advice, and a structured path toward agreement. Whether you are managing a separation, negotiating parenting arrangements, or working through property division, we can help you find a way forward—one that protects relationships and focuses on long-term well-being.

Why Families Choose Collaborative Law

• Preserving Relationships: Especially important for families with ongoing parenting ties.
• Reducing Stress and Conflict: Collaboration promotes understanding and reduces hostility.
• Customised Outcomes: Agreements are shaped by the people involved, not imposed by a court.
• Greater Privacy: The process is confidential, sparing families the public nature of court proceedings.
• Saving Time and Cost: Collaborative matters can be resolved faster and more economically than litigation.

Collaborative Law vs Mediation: What’s the Difference?

While both Collaborative Law and mediation aim to resolve disputes out of court, they differ in several key ways:

• Mediation is compulsory before filing a family law application in court (unless exempt), whereas Collaborative Law is entirely voluntary.
• In mediation, a neutral third party facilitates the negotiation but does not provide legal advice.
• In Collaborative Law, each party has their own lawyer, who offers legal advice and advocacy within a cooperative framework.
• If Collaborative Law fails and one party initiates litigation, the collaborative lawyers involved must withdraw and cannot continue to represent the clients in court.

Is Collaborative Law Right for You?

Collaborative Law is ideal for people who:

• Are committed to resolving matters respectfully.
• Value privacy and control over the outcome.
• Are willing to negotiate in good faith.

However, it may not be appropriate in cases involving family violence, significant power imbalances, or where one party refuses to participate openly. In these situations, other legal pathways may be more suitable, and professional advice is essential.

Conclusion

Family separation doesn’t have to mean courtroom battles. Collaborative Law offers a smarter, more dignified path that protects relationships, focuses on the future, and minimises unnecessary pain.

At Koffels Law Firm, we are committed to helping families through this transition with care, clarity, and a focus on solutions. If you’re considering Collaborative Law for your family matter, we are here to support you every step of the way.