Throughout the process your solicitor will be with you and they will if necessary introduce you to other independent and impartial advisers who can assist with specific issues to make up a collaborative team.

It is not unusual to use financial advisers, barristers and family consultants in any separation, but an advantage of the collaborative process is that they will be present at the meeting that’s relevant to the issue they need to discuss at that time.

These are the people involved in a collaborative law process:

Essential participants

• The separating couple - the two individuals going through the separation are the central figures in the collaborative process. Their willingness to communicate openly and work cooperatively is essential for success
  
• Collaborative lawyers - each party has their own specially trained collaborative lawyer. These lawyers are committed to the collaborative approach, focusing on finding solutions outside of court and prioritising a respectful environment
  

Additional team members (optional)

• Financial advisor (neutral) - a neutral financial advisor can provide objective financial information and guidance to both parties. This helps ensure fair and balanced financial settlements
  
• Child specialist - if there are children involved, a child specialist can offer support and guidance on developing a workable child arrangements order. The specialist advocates for the children's best interests and facilitates communication between parents regarding their needs
  
• Other professionals (if needed) - depending on the specific circumstances, professionals such as pension specialists, accountants or therapists may be brought in to address particular issues
  

First of all, the final outcome is unchanged. In any divorce an agreement is made, but the collaborative approach gives you first-hand involvement in every aspect of that agreement. You will still have the benefit of certainty as once an agreement is reached it will be reduced into an agreement for approval by the court.

Another key difference between collaborative law and court is the commitment you and your ex-partner must make to the process. A collaborative agreement must have a genuine commitment from both parties to work co-operatively and prioritise solutions over conflict. Of course, the more confrontational nature of a court hearing doesn't necessarily require a commitment to working together, and the focus may instead be on "winning" rather than compromise.

In summary, we believe a collaborative agreement fosters a more respectful and constructive approach to resolving family disputes. It empowers couples to find solutions tailored to their specific needs. Yes, the courts can help you reach a similar outcome, but the competitive nature of the process can be costly, stressful and damaging to long-term relationships, particularly when children are involved.

Sometimes, it is not possible to reach an amicable settlement. In this situation, the parties involved can revert to a court process.

Traditionally, this would involve you and your ex-partner taking independent advice from a specialist family lawyer who will help you to achieve a settlement. They may work out how you share the assets, how to look after your children and plan to live their lives separately. For some couples, court will be the preferred route to take.

Overall, collaborative law offers a structured yet flexible approach to resolving family disputes respectfully and cost-effectively. It makes your future well-being a priority and it empowers you and your ex-partner to find tailored solutions that work for their unique circumstances.

It is also important to underline, however, that collaborative law might not be suitable for all situations. For instance, if there's a history of significant abuse, unequal power imbalances or a lack of willingness to co-operate, a court application might be a more advisable course of action.

James Belderbos is our collaborative law trained solicitor and he can give you all the information you need to decide if the collaborative approach is a good fit for you.