Collaborative Divorce
17 Jan 2020 | Lisa PepperTable of Contents
What is a collaborative divorce?
A collaborative divorce is where you and your spouse agree to resolve all matters arising out of your separation in a dignified and respectful way for the benefit of the whole family, particularly your children. You agree that you are going to do that without going to court.
In this blog, for ease, I refer to a spouse – but the same applies to your ex-partner if you are unmarried.
Both you and your partner have separate specially trained collaborative lawyers to assist you in resolving issues.
- Your collaborative lawyer acts for you, providing legal advice and guidance throughout the process, but working with your spouse and their collaborative lawyer in a constructive way to help achieve a settlement.
- You, your spouse and your lawyers agree to work together in a respectful, honest and dignified way to try and reach a settlement without threatening to go to court. All sign an agreement disqualifying the lawyers representing you both from going to court if the collaborative process breaks down.
- Issues are discussed and hopefully resolved in ‘4-way’ face-to-face meetings between you both and your lawyers. Settlement discussions take place in your presence which helps ensure that you and your spouse remain in charge of the process.
- You and your spouse have a duty of full and frank disclosure – all information and documents are provided within the process.
- Correspondence between lawyers is discouraged, thereby keeping costs and acrimony to a minimum. We pick up the ‘phone or meet face-to-face.
- Discussions focus on the needs and interests of you, your partner and the children. This should help improve future communication, particularly important when you have children. It certainly doesn’t make communications more difficult, as court can polarise the parties.
- Meetings are arranged at the start of the process without you having to wait for court dates. Provided all the participants enter the process in good faith, the process takes less time, costs less money and incurs less acrimony than court proceedings to reach a resolution.
- You and the lawyers can work as part of a group of professionals, including counsellors, mediators and child and financial specialists to draw on the skills of other professionals to assist you and your partner in the process.
- In issues requiring expert opinions (for example an accountant to give tax advice or value a business) you and your spouse and collaborative lawyers can jointly instruct one independent consultant.
Why can’t you go to court if the process doesn’t work but each of you agrees?
The reason that collaborative family law has been successful and developed (in other jurisdictions) is the fact that the lawyers are disqualified from acting for the clients should collaboration fail. The disqualification agreement means that all the parties, including the lawyers and clients, are attempting to achieve settlement without threatening or being subject to the threat of court proceedings when things become difficult.
- You are collaborating without the background of potential court litigation, and lawyers are encouraged to work together in assisting you to reach a settlement.
- By agreeing at the outset not to go to court, you, your spouse and the lawyers can be encouraged to reach creative settlements, having of course regard to the legal position but having your and your family’s particular interests at the forefront of any settlement proposals.
Is collaborative law right for me?
You have to trust your spouse implicitly. If you have any doubts about their honesty, their willingness to disclose and not hide assets, their intentions, then collaborative law would not be the right process for you. You really need to be sure that you are both going to enter into the process with the intention to put your children first and your ex as equal to your own needs, at least.
Some people suggest collaborative law because they think it might get the best result for them, by keeping the case out of court and conducting themselves in a way that perhaps they have during the relationship – putting pressure on their ex in the face to face meetings, behaving badly at home to put pressure on their ex to move out, being manipulative with the children etc.
If you think that is a risk for you, then collaborative law is not right for you. Having said that, we can still approach a case in a collaborative spirit and try to resolve matters by agreement, having round table meetings. You just don’t sign the Participation Agreement, so that you know if this approach does not quickly lead to a settlement, you can opt for court and you don’t have to start again with a new lawyer. As an experienced mediator, I know that collaborative law is not right for everyone, an approach that tries to resolve matters out of court first, frequently is.
Share this article
Contact
Insights from our London Divorce LawyersVIEW ALL
- 16.4.2024
New Rules Guide Separating Couples Away From Court
New guidance, if properly applied, could effectively compel couples to try anything but court as a way to resolve their...
Read more - 8.4.2024
8 Considerations for French Nationals Divorcing in England & Wales
Introduction If you are a French national with connections to England and considering a divorce, both the French courts and...
Read more - 21.12.2023
Financial Remedy Orders Explained
It is common for disagreements to arise over the finances during a divorce, even if you are on good terms...
Read more - 18.12.2023
What is a Final Order?
The introduction of no-fault divorces brought about a number of changes to the divorce process in England and Wales. One...
Read more - 14.12.2023
What is Parental Alienation?
Sometimes, a child may turn against one of their parents due to the other parent’s manipulation or influence. This...
Read more - 4.12.2023
My spouse is going bankrupt. Will it affect...
Bankruptcy is on the rise in the UK. In 2022, more than 1 in 10 businesses reported a moderate-to-severe risk of insolvency. More...
Read more - 28.11.2023
What is Spousal Maintenance ?
Spousal Maintenance Spousal maintenance is a legal obligation to provide financial support to a former spouse after the marriage or...
Read more - 25.11.2023
The 6 Most Common Reasons Why Couples Get Divorced
What are the most common reasons for divorce? Following the UK’s transition to a no-fault divorce system, couples no...
Read more - 30.10.2023
What is a Conditional Order?
The introduction of no-fault divorces in England and Wales removed the need to assign blame for the breakdown of a...
Read more - 29.10.2023
What is a consent order?
Most divorcing couples agree on how their finances will be divided without going to court. A consent order is what...
Read more - 16.8.2023
Child Maintenance for High Earners
How much should be paid? When separating or divorcing parents cannot agree the amount of child maintenance to be paid, (...
Read more - 25.7.2023
Family Dynamics: A Factor In Child Arrangements Cases
In proceedings involving children, the parents should consider the impact their behaviour towards each other may have on how the...
Read more - 23.6.2023
Approving Consent Order In High Value Divorce Case...
The case of Bogolyubov v Bogolyubov The best course of action for divorcing couples is to agree on a financial...
Read more - 23.3.2023
Does Divorce Jurisdiction Matter?
I am a family law practitioner with a large client following in England and in Gibraltar. I often have to...
Read more - 22.3.2023
Breadwinner or homemaker in divorce. Does it matter?
Breadwinner vs Homemaker Divorce Rights When it comes to deciding how wealth is split in a divorce, English courts do...
Read more - 22.3.2023
What is Parental Responsibility?
Understanding Parental Responsibility Parental responsibility is the legal term used to describe parents’ duties and responsibilities for their children. These...
Read more - 16.3.2023
Are trusts protected from divorce?
Can trusts protect an inheritance from your spouse? A trust is a separate legal entity. Neither spouse owns its assets....
Read more - 16.3.2023
Is a limited company protected from divorce?
Is my spouse entitled to half of my business? If you are involved in running a limited company, then it...
Read more - 16.3.2023
How is a pension split in a divorce?
Pensions and Divorce In a divorce, pensions are taken into account together with all other financial assets. Once all assets...
Read more - 16.3.2023
Who gets the house in a divorce?
How is a house divided in a UK divorce? For most people thinking about getting a divorce, one of the...
Read more - 7.12.2022
Judge ignores pre-nuptial agreement but factors in non-matrimonial...
Case Law One of the reasons I am still passionate about family law, after 20 years in the field, is that...
Read more - 30.8.2022
Pension sharing on divorce
What is the new procedure for pension sharing? Pensions are one of the biggest assets of a marriage, yet many...
Read more - 30.8.2022
What is a transfer of equity?
Transfer of equity in divorce Transfer of equity refers to the process of transferring part or all of a property...
Read more - 30.8.2022
Do You Have To Go To Court For...
If your divorce is uncontested and there are no disputes over issues such as what happens to the marital home...
Read more