Sep 24

Collaborative law and the divorce process

Written by Joanna Lofthouse
Chartered Legal Executive

DDI: 01423 724635
M: 07892 792457
E: jo.lofthouse@raworths.co.uk

Alright, Stop, collaborate and listen!

In 1990, when Vanilla Ice raped this famous line I am sure that divorce or separation were not in his thought process however when thinking about divorce, this line actually is pretty powerful.

Stop

It is all too easy to get caught up in the stress and emotion of the process of separation or divorce and couples can easily forget to stop, take a breath and actually consider what is happening around them and what is best for the family as a whole.

Collaborate

Collaborative law arrived in the England some twenty years ago and many family lawyers embraced the concept as an alternative process, which had all the hallmarks of providing more positive outcomes for separating couples.

The collaborative process now is more relevant than ever with the difficulties that are presented by court delays, additional costs and also since 29 April 2024 when the Family Procedure Rules introduced the encouragement of the use of non-court dispute resolution.

Listen

Collaborative law encourages couples to speak openly and gives the forum for them to listen to each other with the benefit of round the table advice. A collaborative meeting can often be the first time in many months or even years when a separating couple truly listen to each other. 

What is collaborative law?

The collaborative process allows a couple to choose to have no court proceedings for the duration of the collaborative process. Upon that positive foundation, this enables a couple to consider how the needs of their family can be met fairly. It also allows a couple to come up with bespoke solutions that a court will approve but would never have imposed on their own initiative.

Under the collaborative process, the couple each appoints their own collaboratively trained lawyer who meet together, with a couple, to work things out face to face.

A couple will also have the opportunity to work with an independent financial adviser, a family consultant, a child specialist or an accountant, who will provide specialist help.

All parties sign an agreement that commits to trying to resolve the issues without going to court

The key benefits of collaborative law include:

• Support – the support of lawyers, counsellors and financial advisors specially trained to approach matters constructively;
• Control – The couple maintains a great degree of control over the outcome for their family, which is in contrast to Court proceedings.
• Flexibility – Collaborative law allows more flexibility and is generally much quicker than court proceedings. Matters can often be resolved in a few months, instead of several months to a year—which also results in reduced legal expenses.
• Co-Parenting – Collaborative law encourages less conflict and more communication, which supports co-parenting. Being able to positively co-parent is beneficial for children of the family who are adjusting to their new normal and with parents on the same page, this eases this transition.
• Informality. Collaborative law can be less stressful due to the flexible approach and more informal meetings. It is also a voluntary process, so an outcome will not be imposed upon you.
• Privacy. Unlike litigation, collaborative law usually takes place in a private setting of both lawyer’s offices. The process protects sensitive information that could otherwise become public in a contested court arena as was recently shown in the case of the Premier League footballer Kyle Walker and influencer Lauryn Goodman.

Although the rest of the Vanilla Ice song goes down a very different path, keeping “Stop, Collaborate and Listen” in mind when contemplating divorce or separation is a good starting point.

Joanna Lofthouse is a family law specialist at Raworths Solicitors based in Harrogate, North Yorkshire.

Published on 23 September 2024