Collaborative Divorce & Family Law Solicitors

Separation and divorce do not have to result in lengthy negotiations between solicitors or contested Family Court proceedings.

Collaborative practice offers separating couples a different way to resolve issues relating to their finances, property and children. Instead of negotiating at a distance, you and your former partner work together with specially trained collaborative family lawyers to find solutions that work for your family.

The collaborative process gives you greater control over the decisions that affect your family's future while providing legal advice and support throughout.

What is Collaborative Law?

Collaborative law is a form of non-court dispute resolution designed to help separating couples resolve family law issues without contested court proceedings.

You and your former partner each appoint your own collaboratively trained family lawyer.

Rather than negotiations taking place primarily through correspondence between solicitors, discussions usually take place during a series of meetings involving you, your former partner and both collaborative lawyers.

You remain responsible for the decisions that are made.

Your lawyers are there to advise you, help identify the issues that need to be resolved and support constructive negotiations.

The aim is to reach an agreement that works for your family without asking the Family Court to decide the outcome.

How Does the Collaborative Divorce Process Work?

If you and your former partner agree to use collaborative practice, you will each instruct your own collaborative lawyer.

The process will usually involve a series of meetings where everyone sits down together to discuss the issues that need to be resolved.

The exact process will depend on your circumstances, but it may involve:

1. An initial meeting with your collaborative lawyer to discuss your circumstances and objectives.
2. Both parties confirming that they want to use the collaborative process.
3. Agreeing how discussions will take place and the issues that need to be resolved.
4. Exchanging relevant financial or other information.
5. Holding a series of collaborative meetings involving both parties and their lawyers.
6. The parties may also decide to jointly instruct other professionals to assist in their process, such as financial advisors, pension experts, tax specialists, or family consultants. Each specialist would work in a neutral capacity as part of the team.
7. Exploring possible solutions and negotiating an agreement.
8. Recording the final agreement and, where appropriate, asking the Family Court to approve a financial consent order.

The process is flexible and can be adapted around the particular needs of your family.

What Can Be Resolved Through Collaborative Law?

Collaborative practice can be used to resolve many of the issues that arise following separation or divorce.

These can include:

• financial settlements;
• what happens to the family home;
• division of savings and investments;
• pensions;
• business interests;
• spousal maintenance;
• arrangements for children;
• where children will live;
• how children will spend time with each parent;
• school and education issues;
• relocation;
• child maintenance; and
• other practical arrangements following separation.

You do not necessarily have to resolve every aspect of your separation through collaborative practice. Your lawyer can help you identify the issues that need to be addressed and determine the most appropriate process.

Collaborative Divorce and Financial Settlements

Financial arrangements are one of the main reasons separating couples choose collaborative practice.

Dividing finances after a marriage or civil partnership can involve difficult decisions about property, pensions, savings, investments, businesses and future income.

The collaborative process allows you to discuss these matters with legal advice available to both of you throughout the negotiations.

You will generally need to provide appropriate financial disclosure so that both parties understand the financial circumstances before reaching an agreement.

Collaborative meetings can then be used to identify priorities and explore different settlement options.

This can be particularly useful where both parties want to reach a fair settlement but would prefer to avoid adversarial correspondence and court proceedings.

What Are the Benefits of Collaborative Divorce?

Collaborative practice can offer several advantages compared with traditional negotiations or contested court proceedings.

You Retain Control

You and your former partner work as part of a team with your lawyers and any other appointed professionals to reach decisions that are in the best interests of your family. This enables you to put in place tailored arrangements to suit your unique circumstances.

As you are reaching a settlement outside of the court proceedings, a Judge does not impose an outcome on you.

Legal Advice Throughout

Unlike some other forms of dispute resolution, each person has their own lawyer present during collaborative discussions.

Your solicitor can advise you about your legal position while helping negotiations remain constructive.

Private Discussions

Collaborative negotiations take place privately rather than through contested hearings in open court.

For many families, particularly those with businesses, professional profiles or complex finances, privacy can be an important consideration.

Flexible Solutions

Court proceedings are necessarily structured around the orders that judges have the power to make.

Collaborative negotiations can give families more flexibility to discuss practical solutions and arrangements that work for them.

Better Communication

The process encourages direct and constructive communication.

This can be particularly valuable where you will need to continue communicating after separation because you have children together.

Reduced Conflict

Collaborative practice is designed to reduce unnecessary confrontation.

Separation will inevitably involve difficult conversations, but the process encourages everyone to focus on resolving problems rather than escalating disputes.

Potentially More Efficient

Court proceedings can take a considerable amount of time.

Where both parties are committed to finding an agreement, collaborative practice can allow meetings to be arranged around your schedules rather than the court timetable.

Collaborative Law for High Net Worth Divorce

Collaborative practice can be particularly attractive for couples with substantial or complex financial arrangements.

High net worth divorces can involve:

• businesses;
• company shareholdings;
• investment portfolios;
• trusts;
• multiple properties;
• pensions;
• international assets;
• inherited wealth;
• tax considerations; and
• complex income structures.

These cases often benefit from detailed financial and professional input while also requiring discretion.

The collaborative process can allow specialist advisers to become involved where necessary while keeping negotiations private and focused on reaching a workable settlement.

Our experienced family law solicitors can advise on whether collaborative practice is suitable for complex or high-value financial arrangements.

How Consilia Legal Can Help With Collaborative Practice

Choosing how to resolve your family law issues can have a significant impact on both the experience of separation and your relationship with your former partner afterwards.

At Consilia Legal, we believe court should not automatically be the first option.

Our experienced family law team can help you understand the different methods of non-court dispute resolution and decide whether collaborative practice is appropriate for you.

We can assist with:

• collaborative divorce;
• collaborative financial settlements;
• arrangements for children;
• complex financial disclosure;
• business assets;
• pensions;
• property;
• maintenance;
• high net worth divorce;
• involving financial and other experts;
• recording agreements in consent orders; and
• considering alternative dispute resolution options where collaborative practice is not suitable.

We will help you understand your legal position while working constructively towards an agreement that allows you and your family to move forward.

Speak to Our Collaborative Family Lawyers

If you want to resolve the issues arising from separation or divorce without contested court proceedings, collaborative practice could provide a constructive alternative.

Consilia Legal's experienced family law team can explain how collaborative law works, whether it is suitable for your circumstances and how it compares with mediation and other forms of non-court dispute resolution.

Speak to our family law team today to discuss your circumstances and find the right process for you. Contact us today on 0113 322 9222 or email enquiries@consilialegal.co.uk