Collaborative Law
Collaborative law, like mediation, is a way to settle family issues like divorce, separation, and disagreements about parenting.
It is used as an alternative to going to court and prevents the uncertainty of the court system.
The main goal of collaborative law is to find solutions that benefit the whole family, not just one person. When both sides are committed to collaborative law, it's often quicker and less stressful than going to court.
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What is collaborative law?
Collaborative law is a form of alternative dispute resolution used to settle family law disputes without going to court.
During the process, each party has their own solicitor, who work together to negotiate and agree terms on their client's behalf.
What is collaborative divorce?
Collaborative divorce is a voluntary and private way to settle a divorce without going to court.
Instead of battling it out in front of a judge, the separating couple agrees to work together to sort out the details of their separation.
Collaborative divorce takes a holistic approach to tackle financial, emotional, and legal matters specific to a family. The idea is that, instead of fighting to 'win,' both parties aim for a fair income.
In collaborative divorce, both partners have their own lawyers to guide them through the process. They attend meetings together, aiming to reach an agreement that can be turned into a formal court order, making it legally binding.
Couples engaging in collaborative divorce agree to:
Communicate respectfully and openly
Exchange information in good faith and full disclosure
Keep the process confidential
Resolve issues constructively and avoid confrontation
Focus on both parties’ interests not only personal interests
Agree on mutually beneficial arrangements for the entire family
Keep the issue out of court.
Pros and cons of collaborative law for divorce
There are some clear advantages and disadvantages to pursuing collaborative divorce:
Pros | Cons |
Takes the case out of the courts, saving time, money, and upheaval | You must have a legal representative |
A calm and controlled environment is fostered where parties agree to search for mutually beneficial arrangements | It can’t be used to resolve non-negotiable issues |
Collaborative divorce proceedings are private and confidential | Not suitable for every divorce circumstance |
Allows family life to continue while financial arrangements are made | If you can’t agree, you will need to start again from scratch |
Who can use collaborative divorce?
Collaborative divorce is a good option for couples who want to cooperate and find solutions that work for them both.
It's also helpful for those who prefer to avoid going to court.
When might collaborative law not work for you?
Collaborative law may not be the right choice for everyone. It's not recommended in cases where there has been abuse or where one party feels unsafe. In such situations, the fear of coercion or manipulation by the abusive partner could undermine the process.
Additionally, if your partner is unwilling to negotiate, collaborative law may not be effective.
How does the collaborative law process work?
To begin, you'll need to find a solicitor to represent you.
Initial Meeting
Once you've appointed a solicitor, you'll meet with them to discuss what to expect and prepare for the first joint meeting. Your partner will also have a similar meeting with their solicitor.
Your solicitor and your partner's solicitor will then meet to plan the agenda for that initial meeting. If you've decided to involve other experts, like a financial adviser, you'll meet with them beforehand, too.
First Joint Meeting
At the first joint meeting, your solicitors will ensure you understand the process and confirm that you agree not to take the matter to court. You'll need to sign an agreement to this effect.
You'll then share your objectives for the process and plan the agenda for future meetings.
Subsequent meetings will focus on key issues, such as financial arrangements and child arrangements.
Final Meeting
Once an agreement has been reached, you'll be presented with a document to sign.
Your solicitor will guide you through any necessary steps to finalise the agreement.
Sometimes, a timeline for implementing the agreement will be established, but this may not always be possible, especially if assets like the family home need to be sold as part of the divorce process.
How long does the collaborative process take?
Collaborative law offers flexibility in terms of timing, unlike court proceedings, which have strict timelines. The process can be tailored to fit your and your partner's schedules and priorities, accommodating factors like the sale of a house.
Meetings are based on agendas set by both parties and their solicitors. Depending on the issues involved, you may need anywhere from a couple of meetings to up to five meetings to reach an agreement. If you're considering appointing a collaborative lawyer, Lawhive aims to have one assigned and actively working on your case within 24 hours.
Collaborative divorce vs mediation
Collaborative divorce and mediation are both forms of ADR.
But, unlike mediation, which aims for a swift resolution, collaborative divorce allows couples to work at their own pace.
What's more, in mediation, a solicitor is not always required as proceedings are overseen by an independent mediator.
And, while mediation doesn't have a specific set of conduct rules, collaborative divorce involves participants signing a participation agreement that outlines rules of conduct.