What is Collaborative Family Law?

Changing the way people resolve family breakdown

Traditionally, when couples split, they each take independent advice from their own lawyers. Working through their lawyers, they then try to reach agreement on how best to settle their differences. They work out how to share the assets – and the responsibilities, for the children for example – as they each go their separate ways.

In many cases, often with the help of specialist Resolution lawyers, couples reach agreement in this way. Where they don’t, it is left to the courts to decide, and that leads to uncertainty, and often more heartache.

So, imagine an alternative

You and your partner sit down and, with the help of your own solicitors, all together in the same room, you work it out face-to-face. Rather than dealing through your solicitors, you work with them, to reach the best solutions for you and your family.

Sometimes, talking things through can seem the hardest challenge of all. Especially when relationships break down, hurt, bitterness and anger are often the strongest feelings. But almost always, the best solutions are those which you work out for yourselves, together – in which everyone involved can share. At it’s simplest, that’s what collaborative law is all about – reaching solutions together, to ease the pain of relationship breakdown and create the best chance of building a brighter future.

It’s about helping you to consider your options carefully so that you not only know what you have “the right to do”, but also thoughtfully consider what is “right to do”.

It sounds so straight-forward. But to make it work it needs the right people with the right frame of mind:

A genuine desire to make it work;
A willingness to disclose, fully and honestly, information about all assets;
Skilled, trained solicitors who are practised in working in this new collaborative way;
An agreement that you will reach a solution without going to court.

What makes it so successful?

You still benefit from having your own independent legal advisor throughout the process. But you are in control, without the threat of court proceedings hanging over you.
You set the agenda, so you talk about the things that matter most to you and your family.
You set the pace – because you are not governed by court dates and appearances.
You maintain contact with your former partner. That way, you have the best chance of understanding each other, and finding the right solutions. The scope for misunderstanding is reduced.
if you have children, you will both remain their parents, and it will help your children to cope better with your separation if they see that you are working things out together and co-operating as parents.
Most importantly, the key decisions you make about your future are yours – they are not made by a stranger in a courtroom.

The collaborative approach

The collaborative approach is fundamentally changing the way people think about family law. For couples who genuinely seek a fair solution, and want to minimise the pain of family breakdown, it may offer the best way ahead.