Collaborative Law - All You Need to Know

When a marriage comes to an end, it can be a very painful and upsetting time for a couple. However good relations have been in the past, the relationship has now broken down, and they are left facing each other across a courtroom. Divorce can be a long and costly process that leaves permanent emotional and financial scars on both the people directly involved and their family. However, collaborative law is now becoming more popular in the UK, bringing with it the opportunity for a more dignified and focused end to a marriage, with the couple retaining control of the process.

Collaborative law has been established in Canada and the USA for some time, reaching the UK in 2003. It offers the chance for a different way to finish a marriage rather than going through mediation or going to court. During a collaborative law process, both parties involved meet, along with their respective solicitors, in 'four way' discussions, usually held at the office of either solicitor. The solicitors will also arrange meetings face to face or on the telephone, compared with the distant approach of phone and postal correspondence involved in many divorce cases. Before these meetings take place, each person will meet separately with their solicitor to discuss their individual needs and instructions for their representatives. When the process starts, the couple will be asked to sign an agreement not to take the case to court but try to reach a final settlement. If one or both parties decide to take the divorce case to court, new solicitors must be appointed, as this is a condition of collaborative law, and collaborative lawyers cannot act for their clients in court. This is also the case if agreement cannot be mutually agreed at the end of a collaborative period. Both parties must have hired trained collaborative lawyers, as they have learned special skills that will help guide their clients towards a mutually agreed finish.

Collaborative law can give couples the chance remain dignified and respectful of each other even after the divorce is finished, and reach the best solution for the care of any children involved. Another condition of collaborative law is that the couple must make full financial disclosures so that any post-marriage deals can be agreed, such as childcare and other areas. Collaborative law differs from mediation as both parties will have their own lawyers there in any meetings to advise and guide them at each stage of the discussions. A first meeting will usually involve the setting of an agenda for negotiations by a couple, and a central part of collaborative law is that meetings are not given a timeframe by a court, so can be held and progressed by the needs of individual couples and their family.

Although there is never an easy way to finish a relationship, collaborative law often helps avoid the bitterness and aggression that is common in many divorces. If children are involved, collaborative law aims to put their interests at the front of the case and to keep negotiations as civil as possible. Once a settlement has been reached, an agreement can be signed and lawyers involved can submit the paperwork to a court for approval. In the interests of moving on from a broken marriage, collaborative law offers an alternative solution to a painful situation.



Divorce is often a very upsetting and stressful. If it is the right choice for you and your partner, having an experienced collaborative law solicitor often means that the divorce process will become much less painful.