Collaborative Family Law

We understand that every circumstance is different and therefore the approach that is right for one person is not right for another.

Whilst the more traditional route of going through the courts or negotiating through solicitors remain the right course of action, our family lawyers will explain the other options available and help you choose the right process for you.

One alternative option that you may wish to consider is Collaborative Law.

What is Collaborative Law?

The Collaborative Law process involves having negotiations with your ex-partner by sitting down in the same room with both of your specially trained collaboratively lawyers present. This allows you to have discussions face-to-face with the support of your lawyers.

All parties, including the lawyers, sign up to a participation agreement which sets out everyone’s commitment to trying to resolve the issues in an amicable and constructive way, without going to court. This helps promote amicable discussions rather than increase the conflict as court proceedings so often do.

In some circumstances other professionals such as financial advisors, accountants or pension actuaries can be brought into the Collaborative process to provide neutral information and support to help facilitate those involved reaching an agreement.

For more information about Collaborative Law please see our frequently asked questions.

Is Collaborative Law the right option for you?

The Collaborative process is not right for everyone. For the process to be successful you and your ex-partner should:

  • Be willing to be in the same room as your ex-partner and discuss with them the issues that have resulted from your separation such as the arrangements for your children or financial matters;
  • Have a desire to reach an agreement amicably with each other and wish to avoid going to court;
  • Be prepared to be open and honest with each other in relation to your financial circumstances;
  • Want to explore options that can meet both of your needs. 

What are the advantages of Collaborative Law?

  • It is amicable

Many couples who are going through a separation want to maintain a good relationship with each other, especially when children are involved. The Collaborative process offers an opportunity for separating parents to work together with the help and support of their Collaborative lawyers, without the threat of court proceedings approaching.

  • Cost

Typically the costs are significantly less than pursuing the matter through court proceedings.

  • Legal Advice

You still benefit from having the support and independent advice from your own lawyer who is with you each step of the process.

  • You are in control

In the Collaborative Process, unlike when going through Court, you are in control, You set the agenda, you decide the timetable and ultimately you decide on the outcome that is right for you.

Collaborative Law at Lupton Fawcett

If you are going through a separation or divorce and think that the collaborative approach is right for you, or if you want to discuss your options with one of our experienced lawyers, then please contact us using one of the options set out below.

We are able to offer collaborative law in our Leeds, Sheffield or York offices.

Contact Us:

You can get in touch with our Leeds, Sheffield or York office by calling us on 0333 323 5292, by emailing us or by filling in the enquiry form on this page and letting us know a suitable time to call you back.

Why Choose Lupton Fawcett?

Having advised and supported many local families, individuals and businesses, we are proud to offer clients a dedicated service from specialist solicitors who are experts in their field:

We're Award Winning

We were awarded the Legal 500 HR/Employment Law team of the year in 2017

We're Connected

We're connected to the people, businesses and infrastructure throughout Yorkshire

We Put You First

You can be sure to expect superb client service from us. Our clients are our priority

We're accredited

Recognised by leading Legal Directories Chambers & Partners and the Legal 500

Frequently Asked Questions

I want to try the collaborative process but my ex-partner doesn’t, what can I do?

You cannot force your ex-partner to commit to the collaborative process. If you do not both agree then it is not the right process for you. It is however important to be sure that your ex-partner making an informed decision so you should explain why you want to try the collaborative process and point then in the right direction of further information.

Why can’t you represent me in court if the Collaborative Process breakdown?

Firstly, by entering into the collaborative process you are committing to resolving the issues without having to make an application to court. Therefore it is hoped that you would not have to go to court at all. By agreeing not to represent you in court demonstrates everyone’s commitment to avoiding court.

Secondly, it is important that you feel that you can speak freely and openly in front of your ex-partner’s solicitor without worrying that what you say could be used to your disadvantage in court.

How long does it take?

One of the advantages of the Collaborative Process is that it is flexible, unlike in court proceedings where you have to stick to a rigid timetable, often with long delays. You and your ex-partner can set the frequency and duration of the joint meetings to suit you.

How is Collaborative different to Mediation?

There are many similarities between the collaborative process and mediation but the main difference is that in mediation the mediator is impartial and therefore unable to give any legal advice whereas in the collaborative process you will each have a lawyer by your side at every stage who is able to give you independent advice.

Get In Touch Today!

Get In Touch Today!

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