From conflict to conversation: What is collaborative family law?

Written by Tom Main

Originally published in Trend Magazine

Separation doesn’t always have to end in a stressful court battle. More and more families are opting for the collaborative family law process, where both parties instruct collaboratively trained solicitors to work towards a resolution.  

Collaborative family law offers separating parties the ability to come together to find a resolution, assisted by solicitors and, where applicable, other experts like financial advisors.

Both parties and their solicitors sign an agreement to remove the threat of court from the table. This doesn’t mean that you give up any rights to go to court at a later date, but you would have to instruct a new solicitor to do so.

Without the looming threat of court, couples often find it easier to negotiate and listen to the other person’s point of view. The signed agreement demonstrates a commitment on everyone’s part to negotiate in good faith.

The collaborative process is conducted in a respectful manner, as amicably as possible and with a shared focus on each other’s needs - both now and in the future, particularly where children are involved.

It’s about finding a resolution that works in the interests of both parties.

Why choose it?

The collaborative resolution often means that parties feel more heard and it also allows more creative resolutions that benefit all parties and are tailored to your individual family needs, rather than being bound by the confines of the sometimes-limited court orders available to you.

The collaborative process considers not just the legal points but also practical elements of each parties’ lives moving forward, as well as the emotional side of the case as well. Couples going through this process generally find they have a much more therapeutic outcome. And co-parents typically achieve a far better co-parenting relationship, too.