Divorcing respectfully – the benefits of Collaborative Practice

Many people would have heard tales of the carnage that divorce litigation can wreak on a family, the couple, and worse still, the children.  The standard view of divorce is often of an adversarial process, with aggressive lawyers dragging the family through the Courts. But this does not have to be the case.

In Hong Kong, there are professionals who will help a family navigate issues arising from the breakdown of a marriage in a respectful and dignified way through a process known as Collaborative Practice.  One of the key elements of Collaborative Practice is that there is absolutely no litigation involved. This separates the process from all other forms of dispute resolution processes currently available in Hong Kong, whereby litigation often runs in parallel to settlement attempts.

By engaging in Collaborative Practice you get to work with a team of different professions to help you with the various dynamics of the issues needing to be resolved, such that the process is completely tailor made to the family’s unique needs.

There are many benefits to Collaborative Practice, which include: –

1.    Having complete privacy. Since there is no litigation involved, the parties have no need to attend court, and there will be no publicised judgements of their case. All meetings are undertaken confidentially and in private settings.

2.    The provision of a genuine moratorium for the parties to safely focus on settlement discussions, with no litigation in parallel to divert their attention, time and resources.

3.    The ability to approach the divorce in a holistic manner.  Unlike traditional divorce proceedings, where one only looks to deal with the legal issues that arise from the breakdown of the marriage, Collaborative Practice allows the family to look at parenting dynamics, communication, financial and tax issues, cash flow/budgeting, and all the emotional and psychological concerns that come with addressing these issues, all within the same process.

4.    The legal, finance and psychological advice needed is available “on tap” because there is a multidisciplinary team to support the couple through the process.  The professionals can participate in the process as and when needed, depending on the topic being addressed. The professionals do not all need to be present at each meeting; whilst each party will have a lawyer of their own (trained to approach the process in a non-adversarial way), all other professionals, such as the financial expert, the child expert, the family consultant and/or the mediator, are jointly engaged on a neutral basis, to ensure their assistance is impartial. 

5.    All professionals and the parties will sign a Participation Agreement which commits everyone not to engage in litigation.  This particularly directs everyone’s focus to one common goal, which is to find a bespoke resolution that best suits the family. 

6.    Because the Collaborative Practice process occurs outside of the Court arena, the options available for settlement are much more flexible and creative. During the process, the parties can take control of the timing, the agenda and the discussions, as opposed to being directed by the Court to engage in an often rigid timetable. Because of the parties’ direct participation and the built-in support they get in the process from trained professionals, they are usually able to re-establish (and/or not destroy forever) trust and good communication, which is particularly beneficial where there are children involved, and the parties need to co-parent for many years to come.

Admittedly, Collaborative Practice is not a “one size fits all” panacea to a divorce, and Collaborative Practice may not be suitable for everyone. However, it has reached traction internationally, with a high success rate. More importantly, it is an excellent process for many families, providing an emotionally and financially less costly option to litigation.

If you are interested in exploring this respectful way to divorce, the CRB team is here to help. You can also find more information on the Collaborative Practice process via the Hong Kong Collaborative Practice Group website at https://www.hkcpg.com.hk/ or the International Academy of Collaborative Professionals (www.collaborative practice.com).

This publication is general in nature and is not intended to constitute legal advice.  You should seek professional advice before taking any action in relation to the matters dealt with above.