Collaborative law (sometimes called collaborative practice) offers a different way forward when you’re facing a separation or divorce. Instead of a combative, stressful, and expensive legal process — especially around dividing relationship property — collaborative law focuses on problem-solving, respect, and working together.
Because let’s be honest: it often feels like everything was agreed… until the lawyers got involved.
That’s why so many people quietly wonder: isn’t there a better way?
There is. It’s collaborative law.
What Is Collaborative Law?
Collaborative law is a structured way of resolving issues after a separation where it is important that relationships can be preserved.
The first question asked in collaborative law is what is important to each of you, and your family.
This differs from the traditional process, which first asks what you are entitled to under the legislation.
By starting with your interests first, the collaborative process helps each of you from being trapped by your “legal entitlements”. While you will still understand your (and their) entitlements by the end of the process, you are each free to be more creative than the law provides, and to decide your own version of what a “good” outcome looks like.
How does it start?
Before starting, everyone signs a participation agreement that says: we won’t threaten court while this process is underway. We will share the information needed. This, together with the structure and the lawyers being in the room, creates a safe space where conversations can be open, respectful, and focused on finding solutions.
Why Choose Collaborative Law?
1. Less Conflict, More Cooperation
Your legal fees go towards problem solving, not inflaming tensions. The standard way to resolve property issues can inflame tensions, even with the best of intentions. Collaborative law takes a different approach: there are no letters between lawyers, no threats of court, just clear agendas and constructive problem-solving.
2. Tailor-Made Solutions
Instead of applying a one-size-fits-all outcome, collaborative law gives couples the chance to design a division of property that work for their family and their finances.
3. Benefits for Children
By lowering conflict and showing healthier ways to handle disagreements, collaborative law helps protect children’s wellbeing during and after divorce. It also gives kids a positive model for resolving conflict in their own lives.
4. Cost-Effective and Flexible
Because collaborative law avoids lengthy litigation, it is often quicker and more affordable. It’s also adaptable — the process can be streamlined to suit a family’s unique needs and resources.
Is It for Everyone?
Collaborative law isn’t suitable in every case. Where there is family violence or entrenched conflict, other legal pathways may be more appropriate.
But for many separating couples, collaborative law offers a fresh start: less stress, more control and solutions that focus on the future.
The Role of a Relationship Property Lawyer
Even in a collaborative process, the role of a relationship property lawyer is critical. Each party still has their own independent lawyer to give advice, advocate, and ensure any agreement meets legal requirements under the Property (Relationships) Act.
In Nelson and across New Zealand, divorce lawyers trained in collaborative practice are helping families move forward without the trauma of a courtroom battle.
Final Thoughts
Separation and divorce don’t have to mean years of stress and fighting. Collaborative law provides an alternative path — one that focuses on cooperation, respect, and long-term solutions for families.
👉 If you’re navigating divorce or separation, or you need advice on dividing relationship property, our Nelson team of divorce and relationship property lawyers can help.
Book a Separation Consult to find out if collaborative law is the right option for you.
Comments (0)