The benefits of collaborative law for divorcing couples

Collaborative law is one of several non-court dispute resolution approaches that can be used to avoid going to court when resolving financial and childcare issues arising from family breakdown. The approach provides a framework for divorcing couples to reach decisions in a constructive manner avoiding the expense, lengthy delays and added tension of court proceedings.

What is collaborative law?

Collaborative law involves the divorcing couple each appointing a solicitor trained in the approach. A series of meetings are then held with the couple and their respective solicitors to discuss and resolve any financial and childcare issues resulting from the divorce. Other professionals, such as pensions experts and family therapists, can be included in these meetings if necessary.

The idea is that all parties are committed to reaching an agreement without resorting to court. This commitment is outlined in a Participation Agreement which is signed by all. If the process fails and a courtroom resolution is the only option, each party must start again with new solicitors.

The benefits of collaborative law

These can include:

• The opportunity to maintain the ability to communicate and negotiate with an ex-partner to find solutions which are mutually acceptable. This can help to build a more positive relationship for moving forward.
• The chance to resolve issues with the minimum of emotional stress and tension, which can be particularly useful for parents who still need to co-parent.
• Resolving issues using the collaborative approach is far less expensive and much quicker than going through the court process.
• The control over the outcome of the negotiations is in the hands of the parties involved and not the judge. The process can also be tailored to both parties’ availability and is not dictated by the court timetable.
• The negotiations and outcomes are private and confidential unlike court proceedings.

When is collaborative law a good choice?

If both parties wish to maintain a positive relationship for the sake of their children and both are committed to resolving any issues out of court, collaborative law can be an excellent option. In this case, the couple must be prepared to work constructively and openly together. For this reason, collaborative law may not be the best option for high-conflict cases.

Collaborative law vs mediation?

Another approach for settling your issues away from the courtroom is mediation. This involves a neutral mediator helping you both to reach mutually agreeable decisions. While mediation is less expensive than collaborative law, it may not suit more complex financial cases, where legal representation and the support of a multi-disciplinary team is important.

At Tisshaws we have four collaborative lawyers – Gilva, Richard, Verity and Yasmin. If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £100 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at [email protected] or complete the form below.