Collaborative Family Law

Collaborative Family Law started some years ago in the USA. Some solicitors there were tired of the adversarial nature of family law and concluded that if parties committed themselves to avoiding going to court and agreed that all discussions would take place at joint meetings of solicitors and clients then this could produce outcomes that would not necessarily be available through a court.

It was felt that the parties would be left still having some respect for each other and able to communicate civilly in the future. This was seen as being particularly important where there were children involved.

There are collaboratively trained Solicitors across the country who can provide this service.

The process involves both parties sitting down and meeting with their respective solicitors and endeavouring to reach agreement in all matters. There is no ongoing correspondence between Solicitors other than minutes of the meeting. The parties commit to avoiding court action and cannot use the same firm of solicitors if the collaborative process breaks down.

Rather than taking positions and focusing on what a person is entitled to in terms of the law, collaborative practice allows a couple to focus on the outcome they want for the family as a whole. This is a more flexible and creative approach and allows parties to retain a sense of control and influence over the process impacting their lives. It encourages a solution that works for both parties and, if they have any, their children. As a result, agreements can be reached that may be more flexible than a decision reached by a court. The hope is that despite no longer wishing to live with each other, the parties still have sufficient respect for each other that will allow them to maintain some sort of relationship going forward.

As there are no lengthy letters going back and forward between Solicitors, the whole process should be quicker, allowing parties to move on with their lives more quickly.

Each case will be based on it’s own unique facts and circumstances so it is difficult to give an exact timescale. It will likely depend on the complexity of the issues to resolve. For example if there are numerous assets and valuations required this may involve the use of a financial neutral and the need for expert valuations.

There is an incentive to work together and as there is no delay brought about by the exchange of correspondence between solicitors, the process will be efficient and certainly much faster than it would take to resolve through the court.

The purpose of collaborative family law is to avoid court. So the intention is to reach an agreement on all personal and financial matters that is recorded in a formal Minute of Agreement that is binding on both parties.

Once that agreement has been reached, the only issue that requires to go to court is if the parties are married and wish to divorce. The agreement will include a clause to the effect that either party can raise divorce proceedings and the other party will not defend them. As the divorce is not defended, there is no need for either party to attend court and evidence can be provided in sworn affidavits.

If the collaborative process ends before an agreement is reached, the parties may have to go to court to have their disputed issues resolved but they will have to instruct new Solicitors and this provides a great incentive to see the collaborative process through to the end.