What is a collaborative divorce?

Trainee family law solicitor, Melissa Duncan, takes a look at how a collaborative divorce can make the process of splitting up, easier.

A collaborative divorce method is a way of reaching an agreement with your former partner regarding either or both financial and childcare arrangements upon separation. It requires each party to instruct a collaboratively trained solicitor and for both parties to agree that neither will commence Court proceedings against the other. This is achieved by the parties signing a simple agreement known as a Participation Agreement.

Typically, both parties will have ‘round table discussions,’ with their collaboratively trained solicitor present and any other relevant third parties such as an accountant, financial adviser or child specialist, whose input may be necessary when negotiating financial and/or childcare matters. All these individuals collectively make up the ‘collaborative team’ whose priority is to reach a fair agreement that meets everyone’s needs. These face-to-face discussions can occur on a regular basis until an agreement is reached, or they can be used as a one-off attempt to settle. The key to utilising the Collaborative divorce method is that each party must appoint a collaboratively trained solicitor and both must be committed to reaching an agreement outside of the court process.

What are the benefits of collaborative divorce?

Typically, the agreement to not commence Court proceedings incentivises parties to reach a fair settlement by working together with their Solicitors. A Collaborative approach to divorce can be one of the best methods of agreeing the division of assets upon separation and or agreeing childcare arrangements as it keeps the relationship and divorce amicable, and promotes compromise. Separating from a partner is a very stressful and emotional time for anyone, especially when childcare and finances need to be agreed. A Collaborative approach to divorce can be utilised to reduce the additional stressors typically associated with relationship breakdown. It is also beneficial for any children of the family, as it ensures any negotiations can be tailored around the needs of each child who can be kept as the focus of all discussions.

The avoidance of Court also means that both parties can potentially steer clear of the considerable delay and expense that is associated with Court proceedings. Costs are often a concern for clients during separation and so it is in all parties’ interests to keep the risk of attending Court minimal. The process is also not dictated by a strict Court timetable meaning it is flexible and can be tailored around the lifestyle needs of both parties.

Throughout the process, your solicitor will be by your side advising you every step of the way.

Are there any negatives?

The Collaborative divorce method only works when and if both parties are willing to communicate and compromise. If communication has broken down either by way of a lack of mutual respect, loss of trust or instances of domestic abuse then this method may not be appropriate. Screening will be conducted prior to any party signing up to the process.

What are the next steps if an agreement is met via a Collaborative approach?

If both parties can come to an agreement by using the collaborative method, then this agreement can be recorded in a Consent Order which is lodged with the Court to be sealed. Neither party would need to attend Court during this process. Once the Court approve the Order and return a sealed copy, the agreement is legally binding and neither party will be able to make a claim over the other’s assets in the future. Therefore, reaching an agreement and recording this in an Order is a great way of ensuring that your assets are protected from future claims.

Alternatively if the parties need assistance in simply resolving childcare arrangements then any agreement reached can be recorded in a Parenting Agreement.

Collaborative divorce solicitors

We have an experienced team of family lawyers who understand the importance of taking the time to understand your needs and negotiating a settlement that works for you.

Sue Wardropper, a Senior Family Solicitor at Holmes & Hills, holds the necessary accreditation and training to act as a Collaborative Solicitor. If you have any questions regarding the collaborative divorce method and how it can benefit you, please contact us.