What is the collaborative process for divorce or separation?

The collaborative process is a Non-Court Dispute Resolution (NCDR) option for separating couples that are committed to reaching an outcome outside of the court process. 

If you and your former partner decide to engage in the collaborative process, each person appoints a collaboratively trained Solicitor, and you and your former partner will meet together at a series of meetings with a view to reaching an outcome that works for your family. As you and your former partner will be legally represented by a collaborative Solicitor at each meeting, you will both have support and legal advice throughout the process. 

Dependent on your individual circumstances, the collaborative process allows for other experts to join the meetings, such as an Independent Financial Advisor, an Accountant, or a Family Consultant with a therapeutic background. It is a team approach to allow everyone to work together to reach an outcome.

As the collaborative process takes place outside of court, the meetings can be arranged at the convenience of everyone involved in a more informal environment. 

How does the process work in practice? 

You and your former partner will have the opportunity to have an individual meeting with your collaborative Solicitor to understand what to expect in the collaborative meetings, and to discuss what you hope to achieve from the collaborative process. The aim is to work together to understand what you and your former partner need to achieve an outcome. 

After your first individual meetings, an agreement will be signed to show your commitment to the process, and that you are committed to reaching an outcome outside of court. 

Both you and your former partner will have an opportunity to share your objectives and what you hope to achieve from the process. There will also be a discussion about the relevant financial information that both you and your former partner need to gather ahead of the next joint meeting. 

Once your financial information has been gathered and shared, your respective collaborative Solicitors can work together to understand how to resolve matters. A further meeting will be arranged to discuss what you both require to reach an agreement on how to deal with your finances and to discuss, if relevant, any arrangements for the children of the family. Should an agreement be reached in relation to your finances, the Solicitors involved are able to draft the legally binding documents that will then be sent to the court for a Judge to consider. The Judge will be made aware that you have been involved in the collaborative process so that they are aware that you both had the benefit of independent legal advice in reaching your agreement. At the final meeting, the documents can be signed, and your collaborative solicitors can explain what needs to be done to implement the agreement reached. 

Monicka Rai at SE Solicitors in committed to working with separating couples outside of court and can offer a range of NCDR options. If you would like to understand more about the collaborative process or other forms of NCDR, please contact Monicka Rai mrai@se-solicitors.co.uk or on 01869 222 312.