8 Pros and Cons of the Collaborative Divorce Process

One of the most stressful aspects of traditional separations is the looming spectre of having to go to court. The end of a relationship is already a difficult time — but these feelings can be magnified significantly when crucial decisions about the likes of child arrangements and finances are taken out of your hands. Therefore, if your relationship is coming to an end, you could be galvanised in knowing that there are ways to vastly improve your chances of finding lasting resolutions to those challenges. One of these options is collaborative divorce.

An increasingly popular form of alternative dispute resolution (ADR), collaboration places you and your spouse at the centre of a skilled team of third-party experts. It can help you to resolve complex issues within a more flexible and constructive framework, while also reducing both costs and recriminations. However, as with other forms of ADR, there are always potential pitfalls that should be taken into account. 

Our eight pros and cons of the collaborative divorce process offer valuable insights into how a reputed 90% of collaborating spouses who used this approach reached successful outcomes. 

What is the Collaborative Divorce Process?

During a collaborative divorce, both spouses appoint solicitors who are specifically-trained to offer support and legal guidance throughout the process. If required, additional specialists and consultants can also be employed to advise on childcare, parenting, and finances. To ensure that everyone is committed to a resolution, both parties will need to sign an agreement at the beginning of the process.  

The Collaborative Divorce Process Explained

The collaborative divorce process is essentially a series of meetings designed to find lasting solutions to separating couples’ objectives. Once you both understand what’s involved, you’ll work with your respective legal teams and recommended experts to set agendas and constructively tackle difficulties. Before the process formally begins, you and your partner will sign an agreement, as to how the process will unfold.

However, be aware that, as part of this agreement, you will consent with your partner that, if the process breaks down, you will have to start again with new representation.

Before this opening agreement has been signed, you can expect the following steps to take place:

• Initial Meeting: Your solicitor will explain the collaborative divorce process, so you know what to expect when both teams meet for the first time.
• First Meeting Arranged: Your solicitors — and any other necessary third parties — will come together to determine the best path forward.
• First Four-Way Meeting: At this stage everyone will commit to the process by signing the opening agreement determining how the process will unfold. Both parties will discuss their main objectives, which will be used to set the agenda for forthcoming sessions. If finances are to be decided, you may be asked to bring financial documents to the next meeting. 
• Later Meetings: During subsequent meetings, you will have the flexibility to either discuss specific factors with individual team members — i.e. money matters with your financial adviser — or to bring everyone together to address broader concerns and challenges.
• Final Meeting: You will sign legal documents — called a Consent Order — to cement any agreements that have been made over the course of the process. Timetables will also be decided for when these agreements will be set in motion.

8 Pros and Cons of the Collaborative Divorce Process

There are a number of pros and cons of collaborative divorce. The process can help spouses to find lasting solutions to separation that avert the costs and anxiety of protracted litigation. However, it can be more expensive than family mediation and, if the process fails, some people might find starting all over again with new representation frustrating.

Pros of Collaborative Divorce

The main advantages of this form of ADR include:

1. Less Costly: This approach is designed to avoid the time and expense of going to court for a final hearing. 
2. Reduced Conflict: The manner in which parties separate is often a big reason why conflict lingers on afterwards. Reaching mutual decisions can reduce bad blood and create a positive foundation for the future.
3. Future-Proof: Any agreements made are made together, and not imposed on anyone. This can lead to lasting resolutions, as both parties have helped to establish the best path forwards post-divorce.
4. Better for Business: One of the most crucial factors for high net worth separations is the future of the family business. This aspect is a major benefit when considering using the merits of collaborative divorce process vs the traditional route, as collaboration can ensure that the business operates as usual while its future is being contemplated.
5. Ongoing Support: Collaboration has ongoing guidance at its core, because each party is separately represented, whereas other forms of ADR, i.e. mediation, are not intended to give advice. Additionally, this support comes from a range of qualified sources, such as finance experts, tax specialists and family consultants. This holistic team can help to draft more collaborative agreements over child arrangements, joint finances, and the emotional strain of separation.
6. Flexibility: Clients can create a process that works for them. The timetable isn’t imposed by a court, it’s decided by the people who matter most — the family members themselves.

Cons of Collaborative Divorce

When considering the pros and cons of the collaborative divorce process vs traditional divorce, the advantages are wide and far-ranging. However, even if you think that it would be beneficial for you, there are a couple of possible disadvantages that should be also taken into account. 

These include:

1. More Costly Than Mediation: In most cases, collaboration is more expensive than mediation. Although it’s worth reiterating that mediators can’t offer advice ‘in the moment’. 
2. No Guarantees: Although a high percentage of collaborative divorces succeed, it’s not a sure-fire thing. If the process doesn’t yield positive results, you will need to enlist new solicitors and start the process from scratch.
3. Availability of Collaboratively Trained Lawyers: Because this process is an alternative route, there isn’t an abundance of family lawyers who are trained to deliver it. Therefore it may not be an option in your particular geographical area.

Lowry Legal: An Authority on the Collaborative Divorce Process

If the pros and cons of the collaborative divorce process have helped you to make an informed choice about your separation, there’s another big decision to make before you can start the process in earnest. Just as no two relationships are quite the same, law firms also have their own unique selling points. Therefore, when finding constructive solutions is paramount, you’ll need a skilled specialist with a track record of delivering results.  

Lowry Legal is an established family law firm that always strives to find the most productive strategies to satisfy your goals. A highly-regarded member of the Legal 500, we have an accredited mediator and collaborative lawyer, who combines leading expertise with the latest techniques to help clients to navigate divorce with confidence. As is the case with the whole Lowry Legal team, our mediator embodies our values of being a holistic firm that puts you first and tenaciously defends your interests throughout.

Our specialism with high net worth divorces means we’re perfectly placed to help clients to either protect or secure their fair share of valuable assets such as businesses. We’ll do whatever it takes to avoid the courts and can utilise elite third parties such as forensic accountants and counsellors to build an experienced team around you. Ultimately, we’re here to take you from a collaborative divorce agreement to a lasting resolution.

To take your first steps towards a more productive separation, contact us today.