A term that is often used but less often understood with regards to a divorce is collaborative divorce. So, what is a collaborative divorce?

A collaborative divorce is when all matters related to a separation between two parties are resolved in a dignified and respectful way for all concerned. A collaborative divorce is usually the most beneficial way to settle things for the entire family, most notably when there are children involved, and it also means that you agree that no courts will be involved.

Collaborative family law

During the separation, both spouses will instruct their own specialist family law solicitors - or collaborative lawyers - to assist with resolving the issues in a fair and respectful manner.

Below are a collection of bullet points highlighting what you can expect from a collaborative divorce.

• The collaborative lawyer will provide all relevant legal advice and guide you through the divorce process while also working with the ex-partner and their own collaborative lawyer in a professional and constructive way to successfully achieve an agreed settlement.

• Each spouse and their respective solicitors will work together in an honest, transparent and dignified way to hopefully reach agreement without the threat of taking things to court. An agreement will be signed that disqualifies the solicitors from representing you both from going to court should the collaborative process prove unsuccessful.

• Several four-way face-to-face meetings between both spouses and their lawyers can take place to discuss the issues openly and work towards resolving them. Any discussions regarding settlement can take place in the presence of each spouse to ensure they remain in control of the process and agreements.

• There is a duty of full disclosure between each spouse. All relevant information and documents will be provided within the collaborative divorce process.

• Costs and acrimony is kept to a minimum as direct correspondence between each solicitor is discouraged when away from four-way meetings.

• The discussions put a focus on the requirements and interests of the family. This can help improve future communication, which is particularly important when there are children involved. When a divorce is settled in court, communication can be more difficult as it tends to polarise the parties.

• A collaborative divorce can take less time, cost less money and incur less acrimony than court proceedings provided both parties enter the process in good faith and with the best interests of the entire family at the forefront.

• Throughout the process it's possible to draw on the experience of other professionals, such as counsellors, mediators, child specialists or financial advisors to help assist each party with reaching a satisfactory outcome.

• If certain issues require expert opinions, such as an accountant to provide tax advice or to value a business, then it's possible to jointly instruct one independent professional.

Why you can't go to court if collaborative divorce is unsuccessful

Ironically, collaborative divorce has been successful over the years due to the fact the supporting solicitors are disqualified from acting for their clients if the collaboration were to prove unsuccessful. The disqualification agreement means that all parties are agreeing to attempt settlement without threatening or being subject to the threat of court proceedings when things become difficult.

With potential court litigation removed, lawyers and their clients are instead encouraged to work together to reach an agreement. This can include creative settlements to reach an agreement that best benefits all involved, while always showing full regard for the legal position of each proposal.

For collaborative divorce to work successfully, there has to be a great deal of trust in place between in each spouse. If there are any doubts about honesty, willingness to disclose information about assets or general distrust regarding their intentions, then a collaborative divorce may not be for you.

However, if you can be sure all intentions are good with the best interests of all at heart, especially for children, then collaborative divorce can help minimise the stress involved with reaching a fair settlement.

If you're looking for guidance with regards to the divorce process, or would like to learn more about any of the other legal services that we offer here at Fonseca Law, don't hesitate to get in touch with our team of solicitors. You can contact us by calling 01495 303124, e-mailing enquiries@fonsecalaw.co.uk, or by completing our online contact form.