When it comes to handling matrimonial disputes, the first course of action that most people think of would be to commence a Family Court application. Often, this is because Parties are unaware of alternative modes to resolve their matter.
In this article, we will be exploring a legal process that is relatively unheard of, yet holds great potential for settling matrimonial disputes amicably – the Collaborative Family Practice (“CFP”).
What is CFP?
CFP is an alternative process for settling matrimonial disputes in a non-adversarial, objective and constructive manner. This involves the Parties voluntarily engaging their own CFP-certified lawyer, also known as a Collaborative Family Practitioner, who has been accredited by the Singapore Mediation Centre.
The goal of CFP is for the Parties to achieve a mutually beneficial outcome, while avoiding the emotional and financial stresses commonly associated with litigation.
In order for CFP to be effective, both Parties must adhere to the three pillars that enshrine the process:
- The aversion of litigious tendencies or behaviours;
- The voluntary and frank disclosure of information; and
- A commitment to working towards solutions that benefit both Parties and their children (if any), and address their concerns.
CFP can be viewed as a form of negotiation before legal proceedings are sought. The goal is for the Parties to come to a settlement prior to embarking on proceedings, thus allowing the matter to proceed on the “fast track”.
Unlike typical negotiations that may occur during legal proceedings, CFP is distinct as it is not tactical and does not pit Parties against each other as adversaries. Instead, CFP Lawyers aim to unify the Parties and help them work together towards a common goal – a civil resolution of the matter with a positive outcome.
The CFP Process
The CFP process is summarised as follows:
- Deciding to attempt CFP
Both Parties must first agree to participate in the CFP scheme. - Finding a CFP-accredited lawyer
Each Party would then appoint a CFP Lawyer. - Assessment of the case
Their respective CFP Lawyers would assess the matter and determine its suitability for CFP. - Undertaking
Both Parties and their respective CFP Lawyers would then undertake not to litigate. - Joint meetings
Both Parties and their respective CFP Lawyers will proceed to conduct a series of joint meetings. - Settlement
Once a resolution is reached, both Parties enter into a settlement agreement between them, which can then be recorded as a Consent Order when formal Family Court proceedings for the matter are initiated.
Benefits of CFP
Parties will be able to reap the following benefits from approaching CFP, given that they uphold the appropriate conduct:
- Party-led
Both Parties co-lead the CFP process, including the schedule. - Interest-based solutions
Parties are able to arrive at solutions that adequately address both their respective needs and concerns, unlike in litigation (where the Family Courts may make orders that leave either Party unsatisfied). - Non-adversarial
CFP allows the Parties to resolve their matrimonial dispute without acrimony. Instead, this is a co-operative environment catered towards enabling both Parties to address and settle the issues at hand. - Confidentiality
CFP is confidential, which allows the Parties to properly enter into negotiations, without fear of shared information being used against them. - Full disclosure
As Parties can be assured that information shared during CFP will not prejudice them, they can be honest and forthcoming with all the facts and details – allowing both Parties to get to the root of the issue. - Assistance from professional CFP-accredited lawyers
CFP Lawyers are well-equipped to help Parties understand and overcome the issues faced, which also allows them to understand all short-term and long-term implications surrounding the matter. - No threat of litigation
Having undertaken to avoid litigation, both Parties are able to focus fully on finding solutions, without concerns about the other Party potentially bringing the matter to the Family Courts.
It is clear that the CFP process can be extremely advantageous to Parties in arriving at an amicable resolution with minimal stress and financial cost.
As such, given the right circumstances, CFP is a highly recommended option for Parties to consider in dealing with their matrimonial disputes.
Finding a Collaborative Family Practitioner
It is important that both Parties find the right CFP Lawyer with whom they can work well. Besides being CFP-accredited, your chosen lawyer should be able to put forward your best position during the CFP process in a non-adversarial manner. A good CFP Lawyer will also advise you on the issues at hand and ensure that you are well-informed, enabling you to make well-considered proposals and decisions.
