Collaborative Law Family Solicitors 

The collaborative process presents an opportunity for couples to work through issues arising out of their separation together, whether they are financial or child-related.

This is where you and your former partner can, with the help of your solicitors, sit down in the same room and work through each problem face to face. These meetings enable you and your family to resolve the issues that concern you most, with the support of professionals to assist if necessary. These specialists may include financial advisors or family consultants.

To adopt the collaborative approach, there must be a genuine desire on the part of all involved to reach an agreement for the family as a whole. There must be a willingness to act openly and honestly in disclosing information regarding assets and to use skilled, trained solicitors who are practised in working in such a way.

Are you and your ex-partner committed to reaching a resolution without going to court? With extensive experience in collaborative law, Belderbos Solicitors can help you resolve your issues together.

Collaborative law offers several advantages over going to court when resolving family matters. Here's why it can be a good approach:

More control - having chosen your own solicitor you will remain in control of the timing, frequency and length of the meetings

Less stress - you will not have to endure the pressures of attending the local Family Court but instead attend your own or your partner’s solicitor’s office

Tailored to you - you will decide your own agenda and talk about the things that matter the most to you and your family

More amicable - you will be able to stay in touch with your former partner and understand each other better which will help you in finding the right solution

Best for your children - if children are involved you will be both be able to work on co-parenting your children and achieving what is best for them and considering their own individual needs

Less confrontation - collaborative law fosters a respectful and cooperative environment. Lawyers are trained to guide discussions constructively, minimising animosity and emotional strain throughout the process. This can be especially beneficial for separating couples who want to maintain a civil relationship, particularly if there are children involved

Cost effective - collaborative law is generally less expensive than going through the courts. You’re focused on reaching an agreement outside of a courtroom, which reduces the need for lengthy hearings. Lawyers work collaboratively to find solutions efficiently, minimising billable hours

Confidentiality - court proceedings become public record but discussions and agreements reached through collaborative law remain confidential. This can be crucial for protecting privacy and avoiding unnecessary scrutiny during sensitive family matters

Frequently in life, events do not happen as you might expect them to do so. The beauty of the collaborative process is that it allows you and your partner to adapt a timetable and agenda that suits you most. Sometimes a couple of meetings will suffice, but on other occasions four or five will be needed to enable you to reach an agreement.

Whether the issues relate to finances or children, you will be in charge of making the decisions rather than a stranger in a court.

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.