When people picture divorce, they often think of conflict, courtrooms and long, draining battles over who gets what. But what if separation didn’t have to look like that?
Across Brisbane, more separating couples are choosing a calmer, more cooperative way to move forward. One that prioritises respect, communication and shared decision-making. It’s called collaborative divorce and it’s changing how families navigate separation.
Collaborative divorce (or collaborative law or practice) offers a structured, supportive way to navigate and resolve property, parenting and financial issues without going to Court. It’s designed for people who want to keep communication open and positive while building a solid foundation for their next chapter.
My name is Rebecca Hansen, Director at Hansen Family Law and I am a collaboratively trained practitioner. I see collaborative practice as a unique opportunity for you to design your separation. You become the architects of the process, working creatively together to separate well, both emotionally and financially. I believe lasting resolution comes from understanding your options and owning your decisions, not from “winning” a legal battle or having a third party decide for you. If you’re looking for a calmer, constructive way to separate, this guide will explain how collaborative practice works and why an increasing number of Brisbane families are choosing this approach.
What is collaborative divorce?
Collaborative divorce is a structured legal process where both parties work together with their own collaboratively trained lawyers to reach agreements about property, finances and parenting.
Both parties, their lawyers and any neutral experts, sign a Participation Agreement or Collaborative Contract committing to respectful and cooperative problem-solving. This shared understanding keeps discussions focused on practical solutions rather than conflict.
Once the decision to enter into a collaborative divorce is made, the parties work together to schedule a first meeting and build their collaborative team.
Depending on the issues involved, the team may include:
- Each party’s collaboratively trained lawyer
- Financial neutrals such as accountants or financial planners to explore creative, practical solutions for your family
- Child consultants to provide guidance on parenting arrangements, including for children with specific needs
- Counsellors or communication coaches to keep discussions productive
All discussions happen in a series of joint meetings, where both parties and their lawyers sit together to talk through parenting, financial and property arrangements. These sessions are confidential, solutions-focused and structured to reduce stress.
Collaborative divorce is about maintaining dignity and respect while giving you the opportunity to design positive solutions that reflect your family’s needs and values.
Financial neutrals and child consultants
Financial neutrals
In collaborative divorce, all neutral experts are collaboratively trained. Financial neutrals often take responsibility for financial disclosure, taking this task out of the hands of lawyers and reducing friction between the parties.
Financial experts provide insight and creative solutions that may not come up in traditional processes. They can identify ways to improve cash flow, explore the most tax-effective strategies and highlight options that a traditional process may not allow for. This enables both parties to consider solutions tailored to their family’s unique circumstances. Decisions made with these experts are not only more creative but also practical and sustainable, giving you confidence in the agreements you create.
Child consultants
Child consultants provide guidance on parenting arrangements and any other issues impacting on a child’s best interests. This can be particularly valuable if a child has specific needs, such as being neurodivergent or has a requirement for additional support.
They help both parties design arrangements that prioritise the child’s wellbeing, routines and development. Their input assists parents to make decisions that are thoughtful, practical and in the best interests of the child, while reducing stress and conflict.
Together, financial and child consultants provide holistic support that allows families to reach informed, creative and sustainable agreements.
The collaborative divorce process (step by step guide)
Every collaborative matter begins with a shared commitment to work toward solutions together that meet both parties’ goals. While every situation is unique, the process typically follows these steps:
1. Participation Agreement
Both partners together with their lawyers sign a Participation Agreement or Collaborative Contract. This sets out the shared commitment to communicate respectfully, work cooperatively and stay out of court. If the process does not lead to a resolution and going to court becomes necessary, both collaborative lawyers must step aside and cannot represent either party in court. This ensures that everyone remains solution focused and collaborate throughout the process.
2. Information Gathering
Everyone shares information openly. Full disclosure of documentation relating to finances, discussions around parenting priorities and future goals ensures decisions are informed, fair and tailored to your family’s needs.
3. Joint Meetings
Structured meetings (usually two hours long) are held face to face with both parties and their lawyers. Neutral experts may join if needed to assist with financial matters or child development advice.
These meetings focus on understanding perspectives and exploring solutions, not repeating grievances. The goal is always to move away from conflict toward a clear, constructive plan for your family’s future.
At each meeting, an agenda is set and notes are taken, then shared and agreed on by everyone. This helps ensure all parties have a clear understanding of what has been discussed and agreed, keeping the process transparent and organised.
Unlike traditional processes, there is no back-and-forth legal correspondence between lawyers. Instead, discussions happen in meetings, which keeps the focus on problem-solving rather than conflict. The lawyers also commit to treating each other and both parties with kindness and respect, creating a calmer, safer space for constructive conversations.
These meetings focus on understanding perspectives, exploring solutions and encouraging creative problem-solving for your family’s unique needs.
4. Agreement and Documentation
When agreements are reached, the lawyers may draft a Consent Order Application and Orders or a Binding Financial Agreement to make the agreement legally enforceable or a parenting plan for parenting to allow for greater flexibility.
The pace depends on your circumstances and meetings can be arranged flexibly around work, school and family life.
If you’d like to know what this process might cost or how long it could take for your situation, contact Rebecca Hansen to discuss timelines and structure.
Why Brisbane families choose collaborative divorce
Kinder on families
Collaborative practice encourages parents to work together, rather than against each other. Children often benefit from less confusion and emotional stress and parents are better able to maintain consistent routines across households.
By preserving the coparenting relationship in a collaborative and non-adversarial process, we aim for sustainable outcomes that support emotional recovery, financial stability and healthy co-parenting long after paperwork is complete.
Less draining (financially and emotionally)
A traditional, adversarial processes or litigation can feel like running a marathon you didn’t train for. Endless correspondence, unpredictable timelines and mounting fees can take a toll on even the most resilient people.
Collaborative divorce, by comparison is structured and efficient. By avoiding Court and limiting back-and-forth correspondence, costs remain more predictable and the process can feel calmer and more manageable. Many families find that collaboration not only saves money but also preserves energy for what truly matters: rebuilding their lives, supporting their children and planning their future.
Confidential and private
Everything discussed in collaborative sessions stays private. There are no public hearings, no court transcripts and no exposure of personal details.
For many Brisbane professionals and families, this privacy offers enormous relief. It allows couples to work through complex issues without the fear of scrutiny.
Respectful decision-making
In collaborative divorce, you stay in control of decisions that affect your future. Lawyers act as guides and facilitators, not adversaries, while still providing you with full legal advice to help you understand your options and make informed decisions
This sense of ownership often leads to stronger compliance with agreements, because both people feel heard and respected. You both get to shape the outcome together rather than place the decision making in the hands of a third person who knows little about your life.
Holistic, future-focused solutions
Collaborative divorce can include financial advisors, psychologists and child-consultants across Brisbane, so that parties have holistic guidance. This approach ensures decisions are considered from every angle, creating better and more sustainable outcomes and arrangements that continue to work months or years down the track.
When collaborative divorce works best
Collaborative divorce works best when parties wish to work together to consider creative and unique solutions that a standard property settlement process does not provide for.
Collaborative divorce is particularly helpful for parents who want to preserve stability for their children and avoid conflict, while still reaching legal and financial closure.
However, it’s not suitable in every situation. Where family violence, coercion or significant power imbalances exist, other legal pathways may be safer and more appropriate.
The safety and wellbeing of you and your children, will always come first. I can help you identify the best approach for your circumstances.
Why choose Rebecca Hansen as your Brisbane collaborative divorce lawyer
I am a collaboratively trained family lawyer based in Brisbane, with years of experience helping clients move forward with calm, clarity and respect. I have seen firsthand how traditional, adversarial processes can deepen wounds and prolong uncertainty. A collaborative law approach offers a better way for all involved.
Our focus at Hansen Family Law is to help people move away from conflict and work together where possible, so that peaceful resolution can be reached and post-separation communication continues to be collaborative. This is especially important for children, who often carry the impact of prolonged disputes.
A collaborative approach helps families save time, reduce costs and maintain a sense of dignity throughout what can otherwise be an overwhelming period. Clients frequently tell us they leave the process with a sense of peace and closure that litigation could never have provided.
If this philosophy resonates with you, book a conversation to explore how collaborative practice can help you move forward with confidence and a clear plan for the next chapter of your life.
Collaborative practice is a kinder, smarter way to separate
Divorce will always bring emotion, but it doesn’t have to bring destruction.
Collaborative practice gives separating couples a framework for respectful communication, a clear pathway to agreement and a chance to preserve mutual respect as you begin separate lives.
Collaborative practice is a considered way to separate.
It’s about reducing harm, keeping decisions in your hands and focusing on what truly matters: your wellbeing, your children and your future.
Ready to explore a more constructive path for separation? Contact Rebecca Hansen for a confidential consultation.
Collaborative divorce FAQs
Do both lawyers have to be collaboratively trained?
Yes. Collaborative divorce only works when both lawyers are specially trained in collaborative practice and all parties sign the Participation Agreement.
What happens if we can’t reach agreement?
If the collaborative process breaks down, both lawyers must withdraw and new lawyers are engaged. In practice, most matters resolve before reaching that point because all participants are committed to staying out of Court.
Is collaborative divorce legally binding?
Financial agreements are formalised in Consent Orders or Binding Financial Agreements, which are legally binding documents. Your parenting agreement may take the form of a parenting plan or Parenting Orders.
How long does it take?
It depends on the level of complexity, cooperation and number of meetings required . Many Brisbane families finalise agreements within two to four months.
Is it cheaper than going to Court?
Generally, yes. Fewer delays, less correspondence and shared meetings means lower overall legal spend.