Collaborative Divorce

WHAT IT IS

• Collaborative Family Practice (CPF) is a voluntary, client-centred dispute resolution process new to Singapore. It enables couples to seek a dignified manner to end their marital unions in a peaceful and stress-free manner, while avoiding the acrimony caused by the litigation process.
• 3 principles of CPF:
  1. A pledge not to litigate in Court
  2. An openly honest and voluntary approach to the exchange of information
  3. A commitment to work towards solutions that take into account the highest priorities of both parties and their children


• Previously, divorcing couples had to settle ancillary matters before a judge in court. But under the new CFP scheme, couples can now choose to hire lawyers to strike a settlement for matters pertaining to the division of their matrimonial assets, maintenance payments and custody of their children, which then the Family Court will only need to record.
• Collaborative lawyers serve to facilitate negotiations between spouses in order to grant them greater control over the divorce process, allowing them to take into account personal decisions.

ADVANTAGES OF CFP

• The less confrontational process will pave the way for a respectful and amicable relationship between both parties. This is especially important in cases where children are involved.
• The flexibility of the collaborative process enables parties to reach an intended consensus that will suit the best interests of their family, by tailoring to their needs.
• Other benefits include process confidentiality, reduced stress, and the potential to achieve a faster, more cost-effective solution.

CFP VS. MEDIATION

• The primary difference between CPF and standard mediation is that the former is more akin to a diplomatic discussion, rather than a battle of wills.
• The mediation process is still part of the litigation system. Lawyers are engaged as adversarial advocates and parties are often mindful of future Court proceedings. These negotiations are usually tactical in nature and a neutral third party will facilitate negotiations between parties.
• In the collaborative process, both parties and their respective lawyers will gather in a face-to-face meeting. Both lawyers will advise and support the spouses towards jointly achieving settlement in an open manner and through mutual cooperation, without third party intervention.
• Especially in regard to important ancillary matters, it is instrumental that the best interests of each spouse and their children are taken into consideration.

CFP VS. LITIGATION

• Final decisions: In the CFP process, both parties make the final decision, whereas the judge decides on the final verdict.
• Confidentiality: While CFP processes are confidential, records of Court litigation processes are publicly available.
• Parties and lawyers: The CFP process involves both parties and their respective lawyers working in cooperation towards a common goal. In the litigation process, parties and lawyers are pitted against each other with a win-lose approach.
• Nature of solutions: Collaborative lawyers seek to reach settlement that is in the best interests of both the client and the family unit. In contrast, litigation is generally rights-focused and parties will revert to positional bargaining based on their own needs

PROCESS

1. Both you and your spouse will engage a collaboratively-trained family lawyer who has been accredited by the Singapore Dispute Resolution Centre.
2. In your initial meeting with your lawyer, your lawyer will discuss whether the collaborative process is suitable for your circumstances.
3. Both parties and your respective lawyers will undertake and make an agreement not to go to Court. This removes the threat of litigation, which can often overshadow and be counterproductive to negotiations.
4. Parties must also make full and frank disclosure of any required information, ensuring a more open and cooperative environment in which the parties can work through the issues at hand. TRUST is of utmost importance here.
5. The collaborative process is confidential meaning the terms of your settlement will not be public. All discussions and documents are legally privileged and conducted on a “without prejudice” basis, meaning they cannot later be used in Court proceedings should no settlement be reached, with the exception of financial disclosures.
6. Most of the negotiations will take place at face-to-face 4 way meetings involving you, your partner and your respective lawyers. This allows you and your spouse to be in control of the negotiations and reduces misunderstandings.
7. Correspondence between your lawyers is kept to a minimum apart from the exchange of meeting minutes and discussion points for future meetings.
8. Once settlement has been reached, your lawyers will draw up a settlement agreement which will be filed in the Court as a draft consent order for approval. The Court will seal the terms and turn them into a Court Order.