How Collaborative Family Law Works

How Collaborative Family Law Works 

If you are going through a separation or a divorce, the collaborative law process can help you resolve matters effectively without the need for a court hearing. 

The courts prefer that those going through a divorce or dissolution deal with issues by way of alternative dispute resolution wherever possible. One option is collaborative law. We take a look at what this entails and the benefits it offers. 

The collaborative law process 

The collaborative law process involves sitting down with your lawyer and your former partner and their lawyer at roundtable meetings together. Your lawyer will be a specially trained collaborative lawyer who can guide you through the process and ensure that the meetings are as productive as possible. 

You will work with your lawyer before the meetings to establish what you hope to achieve from the process. As well as a lawyer, you can also use other experts such as a financial advisor or child specialist. They will examine the situation and discuss the options open to you prior to the meeting. 

Both you and your former partner will sign an agreement committing to the collaborative process. Your experts will also sign and, should your case end up in court because the collaborative process is not successful, they agree not to represent you at that time. This ensures that everyone is fully committed to trying to make the process work. 

Collaborative law meetings 

Once you and your team are ready, your lawyer will arrange the first meeting. You and your team will be present in the room with your former partner and their team. At the first meeting, the process will be discussed and an agenda set for forthcoming meetings. 

A major part of the process is usually to agree on how financial matters will be dealt with, including sharing assets, what will happen to the family home and who will take responsibility for any debts you have. To this end, you will both need to fully disclose your financial situation to each other. The first meeting can be used to discuss what information needs to be exchanged and to set deadlines for doing this.  

You may also start to go through initial matters, such as arrangements for children. In subsequent meetings, you will be able to address issues in order of priority. For example, you may want an early discussion about whether your shared home will be sold or an agreement over how much time your children will spend with each of you. 

Once you have agreed on all of the points, which will typically take between two and five meetings, your lawyers will draw up a consent document for approval by the court. If a judge is happy with what has been agreed, it will be sealed into a consent order, making it legally binding on you both. 

 

The benefits of collaborative law 

The collaborative law process can be substantially quicker than going to court, particularly when the family law courts are dealing with a backlog, as is often the case. It is also likely to be a more cost-effective solution. 

The process is more flexible than litigation, with you and your former partner able to schedule meetings at a time to suit you both. Court hearings can sometimes be called off at the last moment, which can be expensive if your lawyers have done work in preparation. 

You will also be able to tailor the subjects for discussion as needed, prioritising matters that you would like dealt with promptly.  

The process of sitting across a table from your partner and their solicitor can mean that matters progress more quickly than they might if matters were negotiated in correspondence.  

The result will be agreed upon by both of you. This can help you work together, which is important if there are children involved, and it can also make it more likely that the terms of the final order will be adhered to.  

The collaborative law process can substantially reduce conflict during a divorce and you can be sure that an unwanted decision will not be imposed upon you, which could happen at court. 

 

Get in touch 

For expert legal advice on family law, divorce law or estate planning, contact Chadwick Lawrence today. Our specialist family law solicitor team is here to help with any questions or issues you may be facing. We offer consultations over the phone, via video call or in person at one of our offices across West Yorkshire. 

Call us: 0800 015 0340
Email us: family@chadlaw.co.uk

 

It is advisable to seek legal advice from one of our specialist family lawyers before proceeding with a judicial separation application. We can provide guidance tailored to your specific circumstances.