Collaborative law

Collaborative law is a process in which both parties sign up to a participation agreement confirming that they intend to deal with a dispute through open and direct negotiation without making an application to the court. Unlike in mediation where the meditator is unable to provide you with legal advice, in collaborative family law you each have your own lawyer advising you and negotiating on your behalf throughout.

There are four trained collaborative lawyers within our Family team: Joanna Pratt, Kirstie Law, Desmond O’Donnell and Helen Waite. We will discuss with you at your initial consultation whether your case is appropriate for collaborative law.

How can I keep my divorce out of court?

Many people going through a divorce are naturally concerned about the emotional and financial toll it can take, especially when there are children involved. While sometimes it is necessary to involve the family courts, it is often not in anyone’s best interests to do so, and to instead consider an alternative route where the focus is on being open, communicative and transparent, rather than combative.

Alongside mediation and collaborative law, we also often recommend arbitration as an alternative to going to court.

How does collaborative law work?

A series of meetings takes place, attended by both parties and their legal representatives, where all issues can be discussed and negotiated. It is a requirement of the process that each party will provide full financial disclosure. If necessary, collaborative law experts can be instructed to advise both parties (and potentially attend the meetings) about issues such as tax, property valuations and pensions.

Relationship breakdown will always inevitably involve financial and emotional costs. The aim of collaborative law is to help minimise those costs.

Does collaborative law only apply to divorces?

Collaborative law can be used to resolve disputes in relation to financial matters or in relation to children, such as where they will live and the amount of time they will spend with a parent. It can be effective where parents wish to reach a resolution by agreement, with the children’s interests and needs being the priority. Collaborative law can also be used to negotiate and agree the terms of a prenuptial or postnuptial agreement.

Does collaborative law work for everyone?

Not every case is suitable, as both parties must be committed to resolving their issues through negotiation, without the involvement of the court. Collaborative law is an excellent forum for couples to think ‘outside the box’ and reach a settlement that a judge may not have ordered, but which works for them both and/or their children.

Family-related legal issues can often be emotionally challenging and complex. Our team are experts in dealing with these matters and are here to guide and support you every step of the way. Our family and divorce lawyers help client across Kent, London and the South East. We advise on a full range of family legal services, from divorce/dissolution and related financial settlements to the arrangements for children and associated children matters. We also advise unmarried couples on the breakdown of their relationships.

We have particularly extensive experience in supporting high net worth individuals, dealing with matters involving complex asset structures and international elements. We help clients put in place nuptial or living together agreements, and advise on steps that need to be taken to protect our clients in need of or responding to injunctions.

Our team of family lawyers are legal professionals who are renowned for offering practical, clear and common sense advice and for providing compassion, empathy and a steadying hand in even the most unusual and complex of circumstances.

Our expert family and divorce lawyers in Kent are leaders in their field and our Family department is regularly recognised in rankings such as The Times’ ‘Top Law Firms’, Spear’s 500 Family Law Index and ePrivate Client’s Top Family Law Firms. We are also ranked as Band One in the Chambers legal directory and as Top Tier in the Legal 500.