5 reasons why collaborative law benefits divorcing couples

Divorce can be a challenging and expensive process, often leading to a breakdown in relationships, which can be particularly damaging when children are involved. Many couples are now turning to collaborative law, a form of dispute resolution that helps avoid the stress and costs associated with going to court.

Collaborative law allows couples to work together, alongside their solicitors, in open discussions to reach a satisfactory outcome.

Below are five reasons why collaborative law can be an effective solution for divorcing couples.

1. Control over the process

Collaborative law gives both parties direct control over the divorce process.

Unlike mediation, where a neutral third party communicates between the two sides, collaborative law allows both spouses to engage in face-to-face discussions with their solicitors present.

This approach gives each person a more active role in shaping the outcome, ensuring their voice is heard and their concerns are addressed.

Solicitors provide legal guidance, but the couple drives the conversation and decisions.

2. A less time-consuming approach

Divorce through the courts can take over a year to finalise, but collaborative law often speeds up the process. Couples can arrange meetings directly with their solicitors, bypassing the need to wait for court dates.

The in-person nature of the discussions also saves time compared to back-and-forth communication through letters or phone calls. By addressing the issues face-to-face, couples can resolve matters more quickly.

3. Cost reduction

While collaborative law is not the cheapest method, it is often less expensive than going to court. The high costs of litigation, driven by long legal proceedings and court fees, can be significantly reduced if an agreement is reached through collaborative law.

As the process is often faster, the overall legal expenses are likely to be lower.

4. Avoiding further breakdown of the relationship

Collaborative law promotes open and respectful communication between the divorcing couple. At the start, both parties agree to negotiate in good faith, be honest, and avoid bringing up past grievances.

This approach helps maintain a more positive relationship, which is especially important if children are involved.

By keeping discussions civil and focused on finding a solution, collaborative law can prevent the relationship from deteriorating further.

However, it may not be suitable for couples where hostility is too high for constructive conversations.

5. Collaborative law offers creative solutions

One of the key benefits of collaborative law is the ability to develop creative solutions tailored to the family’s specific needs. By sitting down and discussing logistics, both parties can agree on practical arrangements that work for everyone involved.

This flexibility allows couples to design a settlement that is unique to their circumstances, providing a better outcome for the entire family.

However, for this to work, both parties must be willing to compromise and prioritise the best interests of everyone.

If you’re considering divorce and want to know how collaborative law can work for you, contact our experienced family law solicitors for expert guidance and support.