A collaborative divorce typically costs between $20,000 and $60,000 and takes from two to six months. That compares to a fully litigated action costing between $50,000 and $150,000 and 18 months to about 2½ years to get to court.
Already a subscriber?The divorce of Jane Needham and Joe Darling was fast, low cost and protected their three children as the painful financial and emotional differences involved in crafting a settlement were resolved.
These can range from do-it-yourself direct negotiations between former partners through to mediation, traditional lawyer-assisted negotiations, arbitration, a court hearing or collaboration. Collaborative and mediated divorces are the fastest-growing options, experts say. “It depends on the complexity of the issues and time taken to resolve disagreements,” she says. “A married couple can negotiate and resolve their property and parenting matters without a divorce.”
Both parties choose a lawyer trained in the collaborative process and other parties, such as financial advisers, forensic accountants and counsellors, who sign an agreement that they won’t go to court. “While the children were not involved in the process, they were kept informed that their parents were finding a way forward and not fighting,” Bolger says.
“Good lawyers will encourage their clients to collaborate if the circumstances are appropriate,” Wharton says.
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