What is Collaborative Law and how can it help?

Written by Eleanor Barber | Family Team | 16 May 2024

Whilst it may not often be possible to have a ‘good’ divorce, it is certainly possible to have a bad one.

The court system in England and Wales is an adversarial system, meaning that parties become two opposing sides, presenting their case to a judge for a decision. This approach can, unfortunately, create or amplify conflict, lead to expensive legal costs on both sides, as well as heavy emotional cost.  

For separating parties who have a desire to reach an agreement that is fair to them both without the emotional and financial cost of litigation, working with a Collaborative Lawyer offers the opportunity to achieve the best possible divorce through a process that uses open discussion and negotiation at a series of round table meetings, without a courtroom in sight.

Collaborative Lawyers are specially trained to work with other Collaborative Lawyers to assist their respective clients to reach agreements that can be embodied in binding Court Orders but without contested court proceedings.

The goal of the Collaborative process is for the couple themselves to make the decisions about their family, be that about financial separation or arrangements for the children, or both, with the support, guidance and advice of their respective Collaborative Lawyers. 

One of the many benefits of the Collaborative process is that the process is entirely bespoke, so the issues that are important to the individuals involved are the ones that will be discussed. The agenda and timescales can reflect the individuals involved, in a way that is not possible through the very narrow remit of a Court application.

In financial matters, once agreement is reached, an Order reflecting the agreement can be sent to Court for approval with the aim of achieving a Final Court Order without the need to ever set foot in a Courtroom.

Collaborative Lawyers receive specialist training, to ensure that they can assist and support their client through a process that is both productive and positive, which includes working through difficult issues and emotion in a way that is dignified and respectful and gives the best possible foundation for a future working relationship, post divorce.

Eleanor Barber, leader of the Family Law Team at Nash & Co, is a trained Collaborative Lawyer who would be happy to discuss with you the process and the suitability of it for your family. If you are going through a divorce or separation and want help with the issues, and would like to discuss the options, including Collaborative Law, please call 01752 664444 or email enquiries@nash.co.uk for an initial chat.