The benefits of collaborative law for divorce and separation

Separation is undoubtedly one of the most stressful situations we can face. That’s why we encourage couples to take a collaborative approach to divorce or separation, coming to an agreement outside of court and keeping control over the outcome.

In this blog, our divorce and separation lawyers explain how collaborative law works and what the benefits are.

What is collaborative law?

In family law, the collaborative process offers a more respectful and less stressful approach to dealing with separation and divorce. It can help those involved to come to an agreement on financial and child arrangements, whilst also helping couples to maintain a positive relationship.

How does a collaborative divorce or separation work?

Firstly, you must both agree that this is the approach you wish to take and be committed to maintaining honest and open communication throughout.

Initially, you and your former partner will meet separately with your own lawyers to discuss and plan for the collaborative part of the process, which involves a series of ‘four-way’ meetings. These are meetings at which you and your former partner, and both of your lawyers, are present.

At the first of the four-way meetings, you will both be asked to sign a ‘participation agreement’ which commits you to trying to resolve your issues without going to court. You’ll be invited to share your own objectives, and these will be discussed at face-to-face meetings with your collaboratively trained lawyers. They will work with your solicitors to try and reach a solution together.

Other professionals, such as independent Financial Advisors, accountants, or family consultants may also be involved if and when necessary.

During the final meeting, you’ll sign a document confirming the agreements you have reached. Your lawyers will put it into effect, obtaining a court order where needed on your behalf.

5 benefits of a collaborative divorce

1. You keep control over the outcome

Rather than a judge making decisions for you, you and your former partner work through the issues together, with your lawyers guiding the discussion. The final agreement should reflect what actually matters to you both, rather than what a court decides is fair based on limited information.

2. It’s typically conflict-free

Because both parties commit from the outset to resolving things without going to court, the process tends to encourage cooperation rather than conflict. This can be particularly valuable if you’ll need an ongoing relationship with your former partner, for example, if you have children together or shared business interests.

3. Meetings happen in person, with support on hand

Unlike mediation, you have your own lawyer with you throughout, giving you legal advice and support in the room, not just guidance afterwards. This can make difficult conversations easier to navigate, since you’re not negotiating alone.

4. Greater flexibility than court

A collaborative approach to divorce offers greater flexibility and creativity than a more traditional approach.

While a judge is bound by what the law allows them to order, a collaborative agreement can be shaped around your specific circumstances, whether that’s a flexible childcare arrangement, a phased financial settlement, or protecting a jointly owned business in a way that suits you both.

5. It can be quicker

Because the process isn’t driven by a court timetable, some couples reach agreement in only a few meetings. You control the pace, rather than waiting for court dates and administrative delays.

If more meetings are needed, there’s flexibility to allow for more.

What happens if collaborative separation doesn’t work?

If you and your former partner can’t reach agreement through the collaborative process, you’ll usually each need to instruct a solicitor to represent you in court proceedings.

This is because collaborative lawyers agree not to act for you in litigation if collaborative law breaks down.

This doesn’t mean starting from scratch. Any progress you’ve made, such as child arrangements, can still be used going forward.

For this reason, collaborative law tends to work best when both parties are genuinely willing to negotiate and compromise, rather than using the process to test the water before going to court.

Contact our collaborative family lawyers

For further information or to speak to a family solicitor about a collaborative approach to separation, get in touch. Call our divorce and separation solicitors on 0117 325 2929 or complete our online enquiry form.