What is Collaborative Divorce?

An alternative way to resolve disputes following separation, collaborative divorce offers couples the chance to work together to reach an agreement without having to go to court. Based on cooperation and mutual respect, it helps promote long-term collaboration and therefore is an option to consider for couples who are keen to maintain a civil relationship post separation, especially if children are involved.

With the support of specialist solicitors, couples agree to resolve issues related to their divorce through structured, face-to-face meetings. These are known as “four-way meetings.” These meetings are used to openly discuss matters such as financial settlements, property division, and child arrangements. Appropriate legal advice is provided throughout the process, allowing the separating couple to reach agreements without having to go through the court process.

In collaborative divorce you and your ex-partner will each have your own solicitor who is there is provide legal advice and who will be involved in the negotiations. Mediation would involve using a neutral third party to help you reach an agreement and this neutral third party does not provide legal advice while doing so.

There is not a timetable in collaborative divorce. It will depend on how complex the case is and if the process is committed to by both parties. It may take some couples just a few meetings to agree their arrangements, while others will take much longer. The process is flexible and allows for this.

Both parties cannot use the same solicitor in a collaborative divorce. There is a new option available called Resolution Together which does allow for one solicitor to work on a joint basis with two parties in a new “one lawyer, two parties” approach.

Collaborative divorce can work well for separating couples who are prepared to communicate openly and respectfully. By avoiding traditional court proceedings, it can be very useful for those who wish to maintain a positive co-parenting relationship and who value their privacy.

There are a number of potential advantages of choosing collaborative divorce:

• The discussions take place in private meetings.
• The couple retains control over the process and the final outcome.
• Collaborative divorce can be less expensive than traditional court proceedings.
• As it is based on cooperation and respect, the process can help protect post-divorce relationships.

Collaborative law can be more cost-effective than traditional court proceedings. The overall cost will vary depending on the complexity of the case and the time it takes to reach an agreement. However, often the cost can be lower because the focus is on resolving matters efficiently and amicably.

A great collaborative lawyer possesses key qualities that ensure you receive the best support during the collaborative process. With experience in family law and handling collaborative cases, they understand the unique challenges and are well-equipped to guide you through them. Strong listening skills allow them to grasp your needs and concerns early on, while their calm, conciliatory approach to negotiations helps achieve a balanced and mutually beneficial agreement. An experienced family law solicitor will also be able to advise you on whether the collaborative process is the best option for your situation.

As leading family lawyers in Milton Keynes, we can advise you about collaborative family law and alternative ways to resolve disputes following separation. In addition to our head office in Milton Keynes, we also have solicitors in Bicester, Watford, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.