The lowdown on collaborative family law

Collaborative family law in New Zealand is a form of alternative dispute resolution designed to help separating couples resolve legal issues without going to court.

The well-established approach is often used to streamline property division, parenting arrangements, and financial matters. It’s a non-adversarial, client-centred process that prioritises cooperation, respect, and tailored solutions.

If you would like help finding a collaboratively trained lawyer in Wellington – or are exploring whether this approach might suit a specific situation you’re dealing with – please contact us. We have collaboratively family law-trained lawyers available to assist.

Key features of collaborative family law:

  • Voluntary participation: Both parties agree to resolve their issues outside of litigation and sign a participation agreement.
  • No threat of court: A core principle is that neither party will initiate court proceedings while the collaborative process is underway and if the process does not resolve they can’t use the same lawyers.
  • Team-based approach: Each party is represented by a collaboratively trained lawyer. Other professionals, for example financial advisors and child specialists, may also be involved and provide immeasurable benefit towards the parties, especially for parents receiving advice and assistance in parenting matters and conflict reduction.
  • Structured meetings: The process unfolds through a series of face-to-face or online meetings, rather than through lawyers’ letters or court hearings.
  • Full disclosure: Parties commit to openly sharing all relevant information.
  • Creative and tailored solutions: The focus is on goal setting and what matters most to each party and their family, allowing for more flexible and bespoke outcomes than traditional legal processes.
  • Preserving relationships: Especially beneficial where ongoing relationships – for example, co-parenting – are involved, because it reduces conflict and promotes respectful communication.
  • Cost-effective and efficient: It’s typically less expensive and faster than litigation, with about 10% to 20% of the legal fees of a litigation file.
  • Success: 95% success rates with family law.

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