Collaborative law
Collaborative law offers a respectful, transparent way to resolve family disputes without going to court. Work with our experienced family solicitors to protect your future and your children’s best interests.
Collaborative law: A better way to resolve family matters
Separation and divorce can feel overwhelming, but it doesn’t have to be a battle. Collaborative law offers a respectful, transparent and cooperative alternative to going to court. It’s designed to help you and your ex work together to find practical solutions that protect your family’s future.
With the support of our specially trained collaborative lawyers, you stay in control of the process, the timetable and the outcome. Collaborative law is designed to reduce stress, preserve relationships and create agreements that work for everyone involved.
What is collaborative law?
Collaborative law is a form of ‘non-court dispute resolution’ and an alternative to court proceedings. The practice is grounded in principles of respect, transparency and cooperation, rather than the conflict-driven nature of traditional litigation.
The process promotes constructive dialogue and collaborative problem-solving between you and your ex, with the reassurance of having your solicitor on hand to support your specific needs throughout the process.
All discussions, advice and solutions take place in face-to-face meetings, which you, your ex and both collaborative lawyers will attend. It is a flexible process which empowers those within it to have greater control over the timetabling, outcome and cost of their matter.
Rather than each person adopting a steadfast position about the outcome they ‘deserve’, collaborative law focuses on finding nuanced and practical solutions that work for everyone involved. You will be encouraged to share your own ideas about what you would like to happen, fostering an environment where your lawyers can curate a bespoke service that meets the needs of your whole family.
Most importantly, collaborative law is a child focussed practice. Families do not simply end following a separation, but they are likely to take a different shape. Collaborative law is designed to preserve family relationships so far as possible, so that you and your ex can continue to co-parent effectively after separation. Placing your children’s interests at the forefront of decision making can limit the impact of your separation on their wellbeing and development.
We offer a no-obligation initial consultation to understand your needs and assemble the best legal team for your case. You’ll find us approachable and supportive throughout the process.
How does collaborative law work?
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Start with an initial no-obligation consultation and let us guide you through your options.
Stage 1: Instruct a collaborative solicitor
You and your spouse will each instruct a specially trained collaborative family solicitor. You may have an initial discussion with your lawyer where you can share what your priorities and objectives might be for the process.
Your respective solicitors will then make contact and plan an agenda for your first joint meeting. They will consider whether your case may benefit from receiving input from another professional, such as an accountant, a pensions expert or relationship therapist.
Stage 2: Participation agreement
At the first joint meeting, everyone involved with the collaborative process will be asked to sign a participation agreement (including your lawyers). The agreement sets out some expectations for the process, with a specific focus on your commitment to resolving matters without going to court.
If the collaborative process is unsuccessful and court proceedings become necessary, both family solicitors must withdraw from acting and you will need to find new legal representation. By signing the participation agreement, both solicitors and individuals share the incentive to resolve matters outside of the courtroom. It is rare that the collaborative process breaks down.
Stage 3: Joint meetings
There will then be a series of joint face-to-face meetings, where you and your solicitors will work through the issues carefully, openly and sensitively. Your solicitors cannot give you positioned legal advice, but they are there to ensure that your legal position and best interests are protected throughout. There are no secret discussions outside of these meetings and no strategising between lawyer and client.
All advice and information will be heard by both of you simultaneously, providing clarity and confidence about your situation. This alleviates potential concerns about one person adopting unhelpful ‘tactics’ or acting dishonestly and helps to preserve the trust and relationship between you and your ex.
There are no rules about how many meetings there might be, this will depend on the complexity of the issues and how quickly progress is made at your joint meetings.
Stage 4: Formalising the agreement
Once an agreement has been reached, your solicitors will draft the necessary paperwork to formalise your agreement.
Involvement of neutral experts
Divorce, separation and children disputes are not just legal issues. There are other considerations too, such as your financial and emotional needs. You may benefit greatly from receiving guidance and support from other professionals whilst trying to resolve your dispute.
Collaborative law encourages the involvement of ‘neutrals’ from the outset, ensuring that you and your ex get tailored support from highly skilled professionals who are trained in that specific area. A ‘neutral expert’ might be an accountant, a financial advisor, a pensions expert or a relationship therapist.
The neutrals work for both of you - they don’t take ‘sides’. Their goal is to provide helpful information which allows you to make informed decisions. In your joint meetings, you can have a whole team of highly skilled professionals in front of you, offering real-time advice and answering your questions – this is distinct from the court process.
What are the benefits of collaborative law?
Collaborative law offers many benefits that can make the process of separation easier and more positive for you and your family:
- More control: You decide how, where, and when you manage the process of resolving your dispute
- Flexibility: There are no set rules about how, where, or when joint meetings take place, so it can fit around your work and family commitments
- Transparency: All advice and discussions happen with both of you in the room, so nothing is hidden
- Bespoke advice from qualified experts: The involvement of neutral professionals ensures you receive tailored support from highly trained specialists
- Less correspondence: Lengthy emails aren’t necessary because everything is discussed at your joint meetings, making this a more cost-effective approach
- Child-focused solutions: Your children’s best interests are at the heart of every decision
- Reduces conflict: A collaborative approach helps preserve family relationships and improves the likelihood of effective co-parenting after separation. Your children benefit when you and your ex maintain a civil relationship
- Efficiency: It can be quicker and more cost-effective to work collaboratively compared to traditional litigation
How our family solicitors can help
We can offer:
- Tailored expert advice from a specially trained collaborative solicitor
- A bespoke service for your family’s specific needs
- Expert support from market leading professionals who act as neutrals within the collaborative process
- Clear advice and compassionate support throughout the collaborative process
- Practical and nuanced solutions enabling outcomes which prioritise the needs of your whole family
- Flexibility - we work with you to ensure the process works around your needs and availability
- Transparent fees and clear communication
Collaborative law FAQs
Collaborative law is versatile. It can be used to facilitate discussions and resolve disputes of all kinds, including:
- How you want to manage your divorce
- Resolving the financial matters associated with your divorce
- Working out how to co-parent effectively after separation
- Preparing a pre-nuptial or post-nuptial agreement
The value and complexity of your asset structure does not matter – collaborative law can work for all sorts of cases. If you’re considering whether collaborative law is right for you, our specialists are here to guide you.
Timescales vary depending on the nature and complexity of your dispute. Sometimes, you may only need one or two meetings to resolve your matter. In other cases, it may take a few more.
The beauty of collaborative law is that you control the timetable, including the duration and frequency of joint meetings. The process is designed to be flexible.
After an agreement has been reached, your solicitors might need to formalise that agreement and obtain a court order where necessary. This may add to the overall timescale.
Collaborative law can be a more cost-effective option than court proceedings. The cost will depend on the nature and complexity of your dispute, as well as whether you require the input of neutral experts and to what extent.
Simply get in touch with us at Freeths and we’ll connect you directly with one of our collaboratively trained family solicitors.
Your spouse will also need their own collaborative solicitor. We can share details of recommended solicitors in the area which you may then pass on.
Alternatively, you can visit the Resolution website and use their “Find a Collaborative Solicitor” tool to search for other collaboratively trained solicitors across the country.
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