Collaborative Law

What is collaborative law?

It is not “law” in itself but a way of practising family law collaboratively between you, your spouse/former spouse, lawyers and other professionals.

It is a way of working together as a team to find the right solution for you and your family as a whole.

It is a way of achieving a solution with all parties having an opportunity to be fully involved in the decisions being made with professional support.

It is a way of opting out of the court system and taking control over your future.

The benefits of family law are:

1. It is a no court option avoiding acrimony, the stress of imposed timescales, the confrontation of an accusatorial system and the uncertainty of outcome as court orders are imposed upon you.
2. Communication between the family can continue in a supported way.
3. Relationships should not become embittered.
4. You have control over the agenda, the pace of meetings, the timescale and the outcome.
5. Financially, it is less costly than court proceedings.
6. Issues of importance to the family but which would be disregarded by a court in a court process can be taken into account.
7. A spirit of co-operation and solution finding is engendered.
8. The process is dignified and transparent.
9. It provides a framework in which to evolve from family breakdown into a new form of separated family.

How do I start a collaborative law process?

Contact a collaborative family lawyer, Both you and your spouse will need to instruct a separate collaborative lawyer.

How does the process work?

1. Before the first four way meeting, you will have a say in the agenda and will also prepare an anchor statement stating why you wish to deal with matters amicably, your current needs and goals, your future needs and goals, your fears and concerns and your hope for the new separated family relationship.
2. At the first meeting, you will be present with your lawyer supporting you together with your spouse and his/her lawyer. The participation agreement is signed, the divorce is considered along with any interim issues and children issues. Financial disclosure is discussed.
3. After the first four way meeting, financial disclosure is collated in preparation for the next meetings.
4. At subsequent meetings, on average 4 in total, all issues are resolved around the table using specialist family law advisors and other professional advisors such as a family consultant or financial advisor whose expertise may be needed to reach the best possible resolution.
5. If either of you choose to abandon the process and issue a court application then the participation agreement fails and you lose your collaborative lawyer and have to start afresh in court proceedings with a new lawyer. Solicitors are also bound into the process as they lose their client if they advise to issue a court application. This principle strongly binds the team and commits them to finding a no- court solution.
6. A consent order is drawn up to reflect the agreement reached and lodged at court without the need to attend.