Collaborative Law

At Dutton Gregory Solicitors, we have two solicitors who practice collaborative law.

Collaborative family law is a relatively new form of resolution procedure and involves an understanding and agreement at the outset that neither couple will resort to the court to resolve their differences.

It is mainly used to work out a settlement between a divorcing couple (although it need not be confined to a married couple; former cohabitants can also benefit) to work out the financial arrangements following their separation.

Our team can advise you on how collaborative law works and whether it is right for you, then guide you through the whole process.

Get in touch with our collaborative law solicitors

Our collaborative law solicitors can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Southampton, Winchester, Woking, Liverpool and London. 

To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.

Frequently asked questions about collaborative law

What is collaborative law and what does it entail?

Collaborative law is an out of court dispute resolution process that is non-confrontational. It is a way of trying to help families reach solutions.  Each person appoints their own collaborative lawyer and the four of you meet face to face to work things out. Both of you have your solicitor by your side throughout the process to help support and advise you.

What family issues can be dealt with collaboratively?

Below are some of the areas of family work where the collaborative process can work well:

• Pre-nuptial and post-nuptial agreements
• Divorce and finances
• Children
• Cohabitation disputes

What are the advantages of collaborative law?

• Having your voice heard – It is an approach that gives you your voice and real control over the outcome.
• Solution focused – You can deliver a solution that works for you and the family as a whole.
• Open and transparent – Information, ideas and advice are shared.
• Flexibility – In terms of where and when the meetings will take place, and what will be discussed.
• Experience – you will have the benefit of the combined experience of two legal experts working together to help you and your partner reach a solution.

How does collaborative law work?

You and your partner will each select your own collaboratively trained lawyer to represent you. Ideally the two lawyers will have worked together previously. The lawyer – lawyer relationship is one of the key elements to a successful collaboration.

You and your partner will each prepare an Anchor Statement (also known as an “Aspiration Statement”).  This sets out your hopes for the collaborative family law process (such as fairness and mutual respect) and for the family post-separation.

The couple and the lawyers will also sign a Participation Agreement which sets out the ways in which the negotiations and dealings will be conducted. The Participation Agreement confirms that:

• The participants will do all they can to try to resolve matters without going to court
• If the process breaks down, the two collaborative lawyers will take no part in any future court proceedings. This is referred to as the “Disqualification Clause”

A series of “Four-Way Meetings” then take place between you, your partner and the two collaborative lawyers. This enables you to raise matters that are important to you so that they can be articulated and heard by everyone. There is less room for misunderstandings and there is no need for lengthy or aggressive correspondence between lawyers.

Where appropriate, other experts may join the collaborative meetings to provide assistance, such as Independent Financial Advisers, Accountants, Pension Experts or Family Consultants.

Is the collaborative process right for me?

Our team of family specialists can discuss the different ways of reaching a resolution with you and which option may be best for you. If you can answer “yes” to the following questions the collaborative approach may work well for you and your family:

• Do you trust your partner to be open?
• Would you be comfortable discussing everything around the table?
• Do you want an outcome that is fair to you and your partner?

For further information on the collaborative process, please download a copy of Resolution’s Collaborative Process Leaflet.

Get in touch with our collaborative law solicitors

Our collaborative law solicitors can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Southampton, Winchester, Woking, Liverpool and London. 

To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.