Collaborative family law: a constructive approach to divorce and separation

Divorce and family separation has always been an adversarial process. As such, it is nearly always extremely stressful for the parties and for any children of the family too. It helps marginally if the parties are amicable but often that is not the case and an acrimonious split can leave everyone concerned deeply traumatised. Added to that, it can be ruinously costly, particularly if it is protracted.

Given this, and the continuing high divorce rate, it is unsurprising and also welcomed that an alternative approach has emerged. It is called ‘collaborative divorce’.

What is ‘collaborative divorce’?

Collaborative divorce is a new form of ADR (alternative dispute resolution) which can best be described as a managed and negotiated divorce.

Each party has their own solicitor but, instead of a confrontational, adversarial process, both parties and their respective representatives agree to work on a solution without the need to go to court. The aim of the process is for the parties to reach an agreement and then formalise that agreement in the form of a court order.

Instead of relying on an interminable stream of back-and-forth emails, calls and letters, the parties work out their settlement through a series of 4-way face-to-face meetings.

Collaborative divorce v mediation

Some people might be forgiven for believing that collaborative divorce is really just another name for mediation. Mediation has been an option for divorcing couples for many years. But collaborative divorce is not actually the same as mediation.

Mediation entails a specially trained and qualified mediator who sits between the parties, listens to both parties, takes both parties’ views into account and then seeks to steer the parties to an agreed settlement. That agreement is also formalised into a court order. The mediator is neither a judge nor an arbitrator and does not take sides. Nor does the mediator advise either client or represent either party. If the divorce mediation does not succeed, then the parties can each instruct a solicitor and take their case to court.

However, with collaborative divorce, each party already has their solicitor to represent them and protect their interests and, while the court option still exists if the process fails, the idea is to keep the process going until an agreed settlement is reached.

The benefits of collaborative divorce

There are several advantages to be had from opting for a collaborative divorce process.

• The parties have the benefit of a legal advisor who will represent their respective interests. Furthermore, both parties can also draft in a financial adviser to help them with the process and even a therapist or a family advisor to help them with the emotional aspects of the process.

• There is no time limit for the process, nor is any timetable imposed on it. This works to relieve some pressure from the parties and the process can be conducted around individual timetables and priorities.

• The chances of the process resulting in a successful long-term settlement are greater than they would be if the parties used the traditional court method. Furthermore, they are more likely to adhere to the agreed settlement because they have both been an integral part of the process, instead of having a court impose a solution.

• The parties play an active role in setting the agenda for each meeting based on their respective objectives.

• Although there will inevitably be some fees payable, the collaborative divorce process will likely prove to be significantly less expensive than traditional, adversarial methods. This is a crucial factor in helping to make a process not just less stressful but more weighted towards long-term success.

Traditional divorce methods have always been heart-wrenching and draining, psychologically and financially; especially where minor children are involved. So, any alternatives which are less tortuous and damaging are to be welcomed. Collaborative divorce would seem to fit this bill. As well as its many benefits it is more likely to help both parties to move on with their lives after the settlement and maybe even form a better relationship with each other when it comes to raising their children.

If you or your spouse are considering a separation or a divorce, then you would be well-advised to seek legal advice at an early stage. If you think you would benefit from a collaborative divorce process, then choose a well-qualified and experienced family lawyer who is familiar with the process and who is likely to handle it in a sympathetic and understanding manner while still giving you first-class representation and advice.

For further information and trusted legal advice regarding matters of family law or divorce, get in touch with our Resolution-accredited divorce lawyers in London at Carlsons Solicitors.