Collaborative Law: a different way to separate

When a relationship comes to an end, it does not necessarily mean that everything that follows has to become a battle.

For many separating couples, one of the biggest concerns is how to resolve the practical issues that come with separation, such as arrangements for children, the family home and finances, without becoming caught up in a lengthy and acrimonious process.

Collaborative law offers a different way.

What is collaborative law?

Collaborative law is a way of resolving family issues through a series of meetings, rather than conducting negotiations at a distance through letters and emails or asking a court to make decisions for you.

Each person has their own collaboratively trained family lawyer. You and your lawyers then meet together, usually in a series of four-way meetings, to work through the issues that need to be resolved.

At the outset, everyone signs an agreement confirming their commitment to the collaborative process and to resolving matters without going to court. This creates an environment where the focus can remain on finding solutions rather than preparing for litigation.

Importantly, collaborative law does not mean that you have to agree about everything before you begin. Instead, the process gives you a structured and supported way of working through the areas where you do disagree.

More than just legal advice

One of the real strengths of collaborative law is that it can look beyond the purely legal issues.

Separation often involves decisions about property, pensions, businesses, tax, borrowing and, of course, children. Where it would be helpful, other professionals can be brought into the process, such as financial advisers, accountants, pension experts, family consultants or child specialists.

Rather than each person obtaining separate advice and then trying to reconcile different views, the right professional can work with you both to help find a practical solution, often by attending the meeting and helping you make informed choices for your family.

Keeping control of the outcome

If a family dispute goes to court, ultimately a judge may make decisions about your family and finances.

Collaborative law allows you to retain much more control.

The discussions take place around a table, with both clients actively involved. You can talk about what matters to your family, explore different options and find solutions that may be more flexible or creative than those available through a more traditional process.

It can also allow discussions to move at a pace that works for your family, rather than being driven by a court timetable.

What about the children?

For parents, separation is rarely just about reaching a financial settlement. There is usually a much bigger question: how do we move from being a couple to being co-parents?

Collaborative law can provide space to think about the wider family, including how and when to talk to children about the separation, future living arrangements, schooling, holidays and how important family occasions might work in the years ahead.

The aim is not simply to resolve today’s disagreement. Where possible, it is to help parents build a workable relationship for the future. The collaborative process enables just that, by keeping communication open and involving third party support where needed.

Is collaborative law right for everyone?

No single process is right for every family.

Collaborative law requires both people to engage openly and honestly and to be willing to work towards an agreed outcome. There will be circumstances where another process is more appropriate, particularly where there are significant safeguarding concerns or where urgent court intervention is required.

But you do not need to have an entirely amicable separation to consider collaborative law.

There can be difficult emotions, complicated finances and significant areas of disagreement.

What matters is whether both of you are prepared to approach those issues constructively, openly and honestly and with the shared aim of reaching an agreement outside court.

Finding the right way forward

There are now a number of ways for families to resolve issues following separation without going to court, including mediation, collaborative law, solicitor negotiation and other forms of non-court dispute resolution such as arbitration.

The right option will depend on your circumstances.

At Bristol Family Law Solutions, our professionals work together to help separating couples understand the options available to them and find an approach that fits their family.