Collaborative Law - A 10 Point Guide

Getting a divorce can be one of the most stressful events in life. Set out below are the 10 key elements of collaborative law, a process designed to make divorce easier.

1. A collaborative agreement can help to avoid a court hearing

In reaching an agreement to settle differences outside of court, with the help of trained lawyers, yourself and your partner need not attend court to have your divorce finalised. This can allow both of you to move on to the next stage of your lives.

2. Collaborative law can help to maintain a good relationship between yourself and your partner

With a focus on discussion and solutions rather than recriminations, collaborative lawyers can help to sustain a relationship with your partner into the post marriage phase, and this is particularly important where children are concerned.

3. Collaborative law is different from mediation

In the mediation process, lawyers are not present at meetings between couples and a mediator, who remains neutral during the process. In a collaborative divorce, lawyers attend meetings to help you and your partner decide upon an agenda and to provide legal advice as needed.

4. Collaborative law puts you in control

Rather than a judge making a final decision on the ending of your marriage, collaborative law allows for you to stay in control of your own affairs. You and your partner decide what you are going to discuss at each meeting, following the advice of trained lawyers, who will help you reach a settlement.

5. Collaborative law encourages a settlement out of court

If agreement cannot be reached outside court, then yourself and your partner will have to appoint new legal representatives. Collaborative lawyers are legally not allowed to represent their clients in a court hearing.

6. Outside parties involved in the collaborative process can help reach settlement

During the collaborative process, outside professionals, such as accountants and social workers can be brought in, in order to assist in discussing and resolving pertinent issues, such as the emotional wellbeing of any children involved.

7. Collaborative law puts children first

If yourself and your partner have children, the collaborative process will put them at the centre of negotiations, in order to ensure that their needs and emotions are safeguarded as much as possible.

8. Collaborative law can offer a quicker end to a marriage

Rather than waiting many months for seemingly endless court appearances, collaborative law can offer a smoother end to a relationship. When an agreement is finalised and signed, the lawyers will then send the paperwork to the court to be approved. Neither yourself nor your partner need attend court for the proceedings.

9. Collaborative law isn't always the solution

In cases where an injunction is in place on one partner or the other, for example, in cases of domestic violence, or a legal claim needs to be brought before a court, collaborative law is not an appropriate medium to undertake.

10. Collaborative law offers closure on a marriage

Instead of bitterness and confrontation ruining a post marriage relationship between yourself and your partner, collaborative law seeks to keep functioning and amicable relations between you, especially where parenting children is concerned.

Divorce can be an exceptionally stressful. If you and your spouse feel it is the right thing to do, hiring an experienced collaborative law solicitor can help to make the divorce much less awkward.