Collaborative family law

In collaborative family law you and the other party appoint specially trained lawyers and sign an agreement to try to reach a solution without going to court.

When should you use collaborative family law?

It works well when you and the other party have a genuine desire to reach a solution, and are willing to be honest about all your assets. It is suitable where:

• you and the other party have children and wish to reach a solution that puts their needs and interests at the forefront
• you would like to keep open the possibility of an ongoing relationship with the other party and their family or mutual friends
• you would like control over decisions about restructuring your finances and arrangements for the children but with advice from experts
• you would like a lawyer to help you negotiate in face-to-face meetings but want to avoid going to court

Collaborative family law is relatively informal. You and the other party each appoint a specially trained collaborative family lawyer, and all four of you meet to discuss your differences, having agreed to try to reach a solution without going to court.

When is collaborative family law not suitable?

It is not suitable when:

• a legal decision is needed because an area of law is unclear or untested
• an injunction is needed, for example to protect a party from violence or to prevent the other party from doing something

What's the difference?

The difference between collaborative family law and negotiation

Solicitors engaged to help in family cases usually try to negotiate a solution, but if that doesn't work they may represent their clients in a court claim. In collaborative family law, the parties agree to try to reach a solution without going to court and, if they can't, the specially trained solicitors they use are not allowed to help with a court claim.

The difference between collaborative family law and mediation

In mediation a neutral mediator works with both parties (who may each have appointed their own solicitors) to assist them to reach a solution. Collaborative family law involves the parties trying to reach their own solution, each with the help of specially trained solicitors who also advise them.

How can a solicitor help?

To take part in collaborative family law, you both need the help of a specially trained lawyer called a collaborative family lawyer.

Use Resolution's Find a collaborative lawyer web service to locate a suitable solicitor near to you.

Is there any cost associated with collaborative family law?

Solicitors trained as collaborative family lawyers must explain to you at the outset the likely cost of dealing with your issue, including the likely cost of the collaborative process compared to going to court.

You cannot get legal aid to help with paying for costs incurred through the collaborative family law process, and if you cannot reach a solution you will not be able to claim back the costs paid to your collaborative family lawyer. If you wish to take your claim to court, you will need to engage a different family law solicitor and pay their fees as well.

What if we can't agree, or still want to go to court?

You can still go to court, but you will both need to find new family law solicitors to advise you and/or take your matter forward.

Will agreeing to collaborative family law undermine my case if I later go to court?

No. Collaborative family law is conducted on a 'without prejudice' basis, which generally means that anything discussed in meetings cannot be referred to in court, although the parties will of course be aware of what has been revealed.