Collaborative Divorce and Separation: How Collaborative Law Works

Collaborative law is a non-adversarial form of dispute resolution that offers an alternative to court proceedings. It allows separating couples to work together,  with the support of specially trained lawyers, to find solutions that work for their family.

Each party instructs their own collaboratively trained solicitor, and all participants sign a participation agreement, committing to resolving matters without going to court.

The process typically involves a series of four-way meetings, where both individuals and their lawyers come together to discuss and resolve issues, whether related to finances, property, or arrangements for children.

While collaborative law can be highly effective, it is not suitable for everyone. Here are some factors to consider before choosing this approach:

Requires transparency

For collaborative law to succeed, both parties must be open and honest, particularly in relation to financial disclosure. If trust is lacking, the process may not be suitable.

New solicitors needed if it breaks down

If the process fails, both parties must instruct new solicitors to take the matter to court. This is because the participation agreement includes a disqualification clause that prevents the collaborative lawyers from continuing in the litigation.

Not suitable where there is abuse or power imbalance

If there has been domestic abuse or there is a significant power imbalance, collaborative law is usually not appropriate. The process relies on respectful, balanced negotiation.

At Myerson, we believe in empowering separating couples to move forward in a way that protects their well-being and the well-being of their children.

Collaborative law enables us to support clients with compassion, helping them manage conflict, preserve important relationships, and maintain control over decisions that matter.