Keep It Out Of Court – How Collaborative Law Can Save Divorcing Couples Time & Money

With divorce cases continuing to soar in 2021 after the previous year saw the largest percentage increase in the number of couples divorcing. According to the Office for National Statistics, many separating couples are considering a collaborative approach to their divorce. This process allows both parties to work together, with their respective solicitors, to find an amicable solution.

Understandably, going through a divorce can be an emotional process as you have to navigate a number of issues. Most often relating to children and finances, which can cause significant stress, upset, and acrimony. Court proceedings relating to these issues can often take a minimum of 12 to 18 months to resolve, sometimes more, and can result in both parties incurring significant costs at a time when they can rarely afford it.

This is where the collaborative law approach can come to the fore. Disputes can sometimes be resolved within just a few months as well as offering costs savings as opposed to the traditional Court approach; this makes it an appealing alternative for some couples.

Breaking down the process

The collaborative law process was introduced in 2003 as a new way to resolve disputes by removing the matter from the Courtroom setting and treating the process as a way to “troubleshoot and problem solve” rather than to fight and win. Collaborative law is about reaching an agreement through face-to-face meetings as opposed to going to Court helping to make the process a bit less daunting and minimises stress for those involved.

Your solicitor, alongside your former partner’s solicitor, will endeavour, through four-way meetings, to work out any unresolved issues for the benefit of both parties. In a country where almost 50% of divorcing couples have at least one child, according to the ONS, the collaborative law approach is a perfect option as its aim is to put family first and prioritise the needs of both parties and their children. It offers the opportunity for decisions to be made cooperatively by the parties with the assistance of their solicitors, instead of being Court-ordered.

It is important that both parties are equally engaged in discussions throughout the process and are fully transparent, especially with regards to their finances. This will make it easier to craft an agreement that is tailored to your family unit, making the method far more beneficial. It’s the solicitor’s role to build a strong rapport with their client and the other party’s solicitor to keep discussions productive.

In practice, this means you can have your say in the situation, rather than it being determined by a Court, making the process easier for a long-term, working relationship. Once an agreement is reached, it is then submitted to the Court to form a legally binding Court order.

Negotiations in a collaborative setting can generally take from two to six sessions. However, no two divorces are ever the same and it depends on the individual needs of the couple. When dealing with more complicated matters, more sessions may be required in order to settle disputes.

Court vs collaborative law

Court rulings can be preferred in some divorce cases where there are hidden assets or domestic abuse issues. In cases such as these, it is crucial that your solicitor is fully briefed with all the required information before proceeding with the collaborative approach. Depending on your circumstances, you may also be eligible for legal aid.

While we would recommend collaborative law to speed up the divorce process and save money, the process isn’t always suitable for everyone’s circumstances.

For example, collaborative law is not 100% guaranteed to resolve any disputes unless you are willing to sit with your ex-partner to discuss the situation and work collaboratively. If negotiations fail – as a result of a lack of transparency, for example – you will have limited options remaining and if it then becomes apparent that Court proceedings are required, you will have to appoint a brand-new divorce solicitor specialising in Court proceedings to assist you.

Starting from scratch may cause some hostility, which is why people will often try and avoid it, and will generally result in significant additional costs being incurred.

Top tips:

• Be willing to put family first – collaborative law focuses on the family unit as a whole, as opposed to each party pressing a separate agenda;
• Find a divorce lawyer who specialises in collaborative law – not all divorce lawyers are trained collaborative specialists but it is important that you each find a solicitor who is, in order to enable you to engage in this process. It is very different to arm’s length negotiation;
• Be open and transparent – this is paramount in order for the solicitors involved to craft the best solution for you and your family.

For more information on divorce and separation, please visit https://www.nelsonslaw.co.uk/personal-legal-services/family-law-solicitors/divorce-and-separation/