FREQUENTLY ASKED QUESTIONS

Our FAQs explain collaborative law in family cases, including what it is, how the process works, and what you can expect. It is intended as general information only and should not be treated as legal advice on any individual circumstances.

 

1.  What is collaborative law?

Collaborative law is a non-court dispute resolution process. Each person appoints their own collaboratively trained solicitor, and everyone works together in a series of face-to-face meetings to resolve issues respectfully and constructively. In family matters, this may include arrangements for children, finances, property, pensions, maintenance, or other practical issues arising from separation or divorce.  Find out more here.

 

2.  How is collaborative law different from going to court?

Court proceedings are usually more formal and can involve a judge making decisions if agreement cannot be reached. Collaborative law is designed to keep decision-making with the people involved. The focus is on open discussion, problem-solving and reaching an agreement that works for the family, rather than preparing for a contested court hearing.

 

3.  Who takes part in the collaborative process?

Usually, the process involves both clients and their respective collaboratively trained solicitors. Where helpful, other professionals can be brought in, such as a financial adviser, accountant, pension expert, family consultant, counsellor, coach, or child specialist. The aim is to create the right support team for the issues that need to be resolved.

 

4.  What is a participation agreement?

A participation agreement is signed at the start of the collaborative process. It records everyone’s commitment to work constructively, share relevant information, avoid court proceedings while the process is ongoing, and treat discussions as confidential except in agreed or legally required circumstances. A key feature is that, if the process breaks down and court proceedings become necessary, the collaborative solicitors must step aside and cannot represent either person in the contested court case.

 

5.  How does the process usually start?

Each person first meets separately with their own collaborative solicitor. This gives each client the opportunity to discuss their circumstances, priorities, concerns and whether collaborative law is suitable. If both people decide to proceed, the solicitors will plan the first joint meeting and discuss what information may be needed.

 

6.  What happens at the first joint meeting?

At the first joint meeting, everyone usually signs the participation agreement, confirms the ground rules, identifies the issues to be resolved and agrees an agenda for future meetings. Each person may be invited to explain what matters most to them and what they hope the process will achieve. The meeting is intended to set a respectful and practical tone for the discussions that follow.

 

7.  What happens in later meetings?

Later meetings focus on gathering information, identifying options and working towards agreement. In financial cases, this usually involves full and frank financial disclosure before settlement options are considered. In children matters, discussions may focus on routines, communication, holidays, special occasions, schooling and any support the children may need.

 

8.  Is collaborative law suitable for everyone?

Collaborative law works best where both people are willing to be open, respectful and committed to reaching agreement without going to court. It may not be suitable where there is a serious power imbalance, a lack of trust, unwillingness to provide information, domestic abuse, coercive control, urgent safeguarding concerns, or a need for immediate court orders. Suitability should be considered carefully with a solicitor before the process begins.

 

9.  What are the benefits of collaborative law?

• It can reduce conflict and help preserve communication, which is especially important where children are involved.

• It allows clients to stay involved in decision-making rather than handing decisions to a court.

• It is private and usually more flexible than court proceedings.

• It can be tailored to the family’s needs, including input from financial or family professionals where appropriate.

• It encourages practical, long-term solutions rather than positional negotiation.

Click here for ten reasons to use a collaborative lawyer.

 

10.  Will I still receive legal advice?

Yes. Each person has their own solicitor throughout the process. Your solicitor will advise you before, during and after meetings, help you understand your legal position, and support you in considering whether proposed arrangements are fair and workable.

 

11.  Is the process confidential?

The process is generally confidential, subject to the terms of the participation agreement and any legal obligations, such as safeguarding concerns or disclosure requirements. Financial disclosure and any final agreement may need to be used to obtain a binding court order, where appropriate.

 

12.  How long does collaborative law take?

The timetable depends on the complexity of the issues, the availability of information and how quickly meetings can be arranged. Some matters can be resolved in a small number of meetings, while more complex financial or parenting arrangements may take longer.

 

13.  How much does it cost?

Costs vary depending on the number of meetings, the complexity of the issues, the amount of preparation needed and whether other professionals are involved. Your solicitor should discuss likely costs with you at the outset and keep them under review as the process progresses.

 

14.  What happens if agreement is reached?

If agreement is reached, the solicitors can record the outcome in writing. In financial remedy matters linked to divorce or dissolution, the agreement will usually need to be converted into a consent order and submitted to the court for approval so that it becomes legally binding. Parenting arrangements may be recorded in a parenting plan or, in some cases, reflected in a court order if appropriate.

 

15.  What happens if the process breaks down?

If the collaborative process ends without agreement and court proceedings are required, both collaborative solicitors must usually stop acting in the contested proceedings. Each person would then need to instruct a new solicitor. This feature is intended to encourage everyone to remain committed to finding a negotiated solution during the collaborative process.

 

16.  How should I prepare for a collaborative meeting?

• Think about your priorities, concerns and what a workable outcome would look like.

• Gather relevant documents, particularly financial information if money or property issues are being discussed.

• Consider what information the other person may need from you.

• Be ready to listen as well as explain your own position.

• Speak to your solicitor beforehand about any worries or questions.