When you are going through a divorce, resolving family matters can be difficult. When there are a number of different legal considerations, having a professional to guide you through the law process can be very helpful. A collaborative divorce can help to resolve disputes in the best possible way and can make sure that all parties are satisfied.


Collaborative Divorce


What is the difference between mediation and collaborative divorce?

The main difference between collaborative divorce and mediation is that a mediation involves a trained mediator helping the divorcing couple to understand where their common ground is. This can then mean that all legal decisions are made with this in mind, with the intention of reaching a settlement that is acceptable to both parties without the need for undergoing court proceedings. If this does not work, then other options are then later available. In most cases concerning mediation, the couple will have gone to mediation having consulted a solicitor, or they will need the help of their family solicitor in order to draft a legally binding agreement after the mediation has taken place.

Collaborative divorce is different in that it involves both parties and their own solicitors signing up at the start of the divorce to work in a collaborative process. This means that they will ideally reach a solution without having to eventually go to court, which means that some couples choose collaborative law as their best option.

What should I consider if we want to pursue a collaborative divorce?

There are a few things that you may want to be aware of when you are attempting to pursue a collaborative legal process.

  • Whether you or your former partner would want to use a current solicitor

When you have a great relationship with your solicitor, you often will want to use them for a number of different legal issues in your life. However, if the solicitor does not have collaborative legal training then you will not be able to pursue the collaborative divorce route unless you both find alternative legal professionals who have the appropriate qualifications.

  • The collaborative divorce process can ultimately be more successful in the long term

Going through a divorce can be an emotionally charged process, and it might seem like a sensible idea to have negotiations imposed on you by a court, rather than go through the potentially problematic process of negotiating between yourselves. However, it often works better for couples in the long term if they are adhering to resolutions that they created and agreed on themselves. Once these terms are agreed, then they can be written up in a document that can then be submitted to the court for approval, giving it a legal seal of approval.

  • It can be less expensive

Since you will not be paying for court time, a collaborative divorce can ultimately be less expensive, although you will still need legal support throughout.

  • If you happen to have a family business

Collaborative law can be particularly useful in cases where there is a family business involved. There is a clear advantage to all in a business enterprise continuing while details are worked out on how assets will be split and how things will function moving forward.

How can I begin a collaborative divorce?

Because of the fact that you don’t have to be tied to a timetable that is imposed by the court, the process can be built around the needs of everyone who is involved. Unlike a traditional divorce, collaborative law offers the client the option of having a full team of divorce professionals, so it is best to decide on the individuals that you want to guide you through the process of dispute resolution early on. This is also the case for a dissolution of a civil partnership. Each party appoints their own solicitor, but instead of conducting negotiations by letter or phone you meet your former partner with your solicitor face to face in order for you to have a ‘four-way meeting’.

How we can help

Our Blackburn solicitors are collaboratively trained to help you with all elements of family law and can assist you throughout your divorce.

Get in touch today for expert help and advice during your divorce process.

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FAQ

What is a collaborative law divorce?

A collaborative divorce involves both parties and their own solicitors signing up at the start of the divorce to work in a collaborative process. This means that they will ideally reach a solution without having to eventually go to court, which means that some couples choose collaborative law as their best option.

What is the collaborative law process?

In the collaborative law process, each party appoints their own solicitor, but instead of conducting negotiations by letter or phone you meet your former partner with your solicitor face to face in order for you to have a ‘four-way meeting’ where you will eventually reach a conclusion.