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| Collaborative Law is a method of dispute resolution used for family law problems. The parties involved each instruct a solicitor to represent them at a series of round table meetings. A document is signed at the outset that the objective is to engage in fair negotiations to achieve an amicable settlement and indeed the solicitors agree that they cannot continue to act for their clients if there are court proceedings. In this way it is in the solicitors' interests to use all their skills to help negotiate a settlement. The aim is to reach agreement on the basis not of what a Court might achieve but what is the best solution for the family. |
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| The process starts with an initial meeting between the parties and their lawyers, when they agree how the meetings will continue, what information will be needed, when it will be exchanged and when the next meeting will be. As the process continues, the couple and their lawyers decide what further steps they need to take. This can involve a joint instruction from the couple and their lawyers to independent experts who can help with, for example, valuations of property and advice about pensions and investments. In this way the couple can be more certain that the solution they arrive at is both appropriate for them and workable. |
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Research has shown that where a separating couple reaches agreement, their long-term post-separation relationship will be more open and relaxed and outcomes for children involved more successful. The constructive nature of the collaborative process promotes a healthier relationship where the parties can respect and value each other's opinions and recognise the need to work together after the divorce process has finished. This is especially important where they have children as they will have to develop and maintain a working relationship throughout their children's lives. |
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| If either party takes or threatens to take court proceedings to resolve the dispute, the collaborative law process is automatically brought to an end. The parties might agree that one of them will commence divorce proceedings while the collaborative law process is continuing. An agreement between married couples where there are to be divorce proceedings will be incorporated into a court order at the end of the collaborative process. |
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It is up to the lawyers and their clients to agree the level of financial information required.
We are often asked what happens if one partner does not fully disclose information. This can of course happen, as it does in both mediation and in conventional legal representation. Under the terms of the Collaborative agreement, the lawyer must withdraw from acting from their client if he/she has withheld or misrepresented information intentionally or is participating in the process in bad faith.
Likewise, it is open to your Collaborative Family Lawyer to advise you to withdraw from the process if they do not consider that your partner (or indeed their lawyer) is keeping to the terms of the agreement. If you consider that your partner is unlikely to be honest during the Collaborative process, is likely to lie about his or her financial affairs, then Collaborative Practice is unlikely to be a good choice for you. |
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Yes, it is a good way to help with agreeing arrangements for children.
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It can be significantly faster than a litigated process but speed is not the most important aspect of the process. The process will proceed at a pace which depends on the complexity of the case, the availability of information to assist in the process and upon how fast the parties themselves want to proceed. It is a process based not upon speed but upon the couple's requirements. |
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It may be less than a fully litigated family law case, both in terms of the financial and the emotional cost to the couple. Most importantly, the decision making is in the hands of the couple and not left to a Judge who will have minimal knowledge of what best suits the family. |
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Not at present, although the Legal Services Commission is considering how legal aid can be extended to cover collaborative law cases. |
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In cases involving married couples who are to divorce, there will be a financial consent order which will be agreed between the couple and approved by a Judge to produce a final and legally binding agreement. Cases involving unmarried parties will end with a final agreement signed by the parties and their lawyers. In very limited circumstances it may be possible to re-open an agreement within a few months if either party has withheld information which ought to have led to a different agreement being reached, but such cases are very rare. |
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You can find a lawyer in this area here. For other geographic areas, you can find a lawyer using the websites shown on our links page. |
