Introduction to collaborative family law

Collaborative family law is another means of resolving issues between you and your partner. Significantly, the collaborative family law process requires you and your partner to commit to reaching an agreement and settling matters without the court making decisions on your behalf.

Our collaborative law experts

Stewarts’ specialist Divorce and Family team includes several collaboratively trained lawyers and can advise you on the benefits of the collaborative approach.

The collaborative family law process

In the collaborative family law process, the solicitors whom you and your partner consult will work together with you and your partner as a team. All negotiations and important decisions take place in joint meetings attended by you, your partner and your respective solicitors.

What can the collaborative family law process be used for?

Collaborative law can be used in settling financial disputes, children disputes and in drafting nuptial and cohabitation agreements.

The difference from the traditional court process

In the traditional court process, the court sets the timetable and focus for decisions regarding finances and your children. In the collaborative process, every step towards achieving a settlement is discussed around a table with your partner. That way, solutions reached can be more flexible than those determined by a court. Most significantly, agreements are reached by you and your partner rather than imposed on you and your family by others.

Collaborative law participation agreement

At the outset of the collaborative process, you will enter into a participation agreement. This is unique to the collaborative process and sets out the way in which the discussions and negotiations will be conducted. It confirms that you and your partner will do all you can to resolve matters without involving the court. This is central to the collaborative approach. If the process does not result in an agreement, the collaborative lawyers will be unable to continue acting for either party and both individuals will need to instruct new lawyers if they wish to pursue the matter through the court process.

The benefits of the collaborative family law approach

• You and your partner set the agenda so that what is important to you and your family can be articulated, heard and discussed
• All settlement discussions between you are transparent with no separate negotiations between solicitors
• There is no separate correspondence between the lawyers as discussions, negotiations and decision-making take place during face-to-face meetings
• Reducing the scope for misunderstanding and encouraging constructive communication in the future
• You and your partner set the timetable for discussions, avoiding the long delays inherent in the traditional court system.

Our expert approach to collaborative family law

The collaborative route is not a shortcut. All the necessary financial information and documentation will be provided to enable you to form a considered view on the right outcome. Members of our team work in collaborative groups of lawyers (known as PODs) that include senior and experienced valuers (both business and property), financial advisers, pensions experts, barristers and counsellors. This ensures a holistic and expert approach is adopted and that you and your spouse have the right help in assisting you to make these important decisions for your family.

We look forward to discussing further with you the benefits of the collaborative approach.