Collaborative divorce solicitors in Scotland

Collaborative divorce is a non-confrontational approach to agreeing the legal, financial and practical arrangements for your separation and divorce.

Home - Legal Expertise - Family Law - Collaborative divorce

Collaborative divorce is a non-confrontational approach to agreeing the legal, financial and practical arrangements for your separation and divorce. A collaborative divorce solicitor will deal with such matters and will be trained in collaborative family law. They can involve other professionals like financial advisors and family counsellors to resolve specific issues, and you will follow a formal collaborative divorce process that results in a legally binding agreement. It is a process where parties work together to achieve mutually agreeable and beneficial outcomes for the whole family following separation. Collaborative Practice encourages an amicable separation and sets parties up for moving forward with their separation and post separation lives, by being able to communicate and work together effectively.

When you decide to separate, there can be many things which require to be resolved – finances and arrangements for any children of your relationship, or pets. Often when couples decide to separate, they believe that they will have to litigate – that is, they believe they will have go to court, give evidence and have a ”battle” over their finances, resources, children and pets. In reality, that is not usually what happens. More separating couples are turning to divorce mediation or to the collaborative approach to separation.

Divorce mediation

Another useful method of resolution for family disputes is mediation. Divorce mediation is a voluntary process which, with the help of an impartial third party (family mediator), allows a couple, who have issues or problems, to discuss how those issues can be resolved. In many cases, parties will be asked to attend a mediation information and assessment appointment (sometimes referred to as an information and assessment meeting) to consider whether mediation is suitable. The mediator will help the parties focus on effective communication, mutual understanding and information gathering. This allows the parties to identify common ground and to find the best way forward. Mediation puts both parties in control, making the decisions for the future together, retaining control over the outcome and how agreements are shaped. It’s less confrontational than court proceedings and helps reach an agreement by co-operation. It is often quicker and cheaper than traditional litigation and it is confidential and private. It offers a safe space to discuss matters openly to reach appropriate outcomes for the couple or family and it encourages communication, rebuilds trust and the ability to work together, which is particularly important where children are involved in a separation. Mediation can also assist parties in reaching a financial settlement. Depending on circumstances, legal aid may be available for mediation.

What is collaborative practice?

Put simply, it is a mutual approach to agreeing long term arrangements in respect of separation. Legal and financial matters are resolved as well as the ongoing arrangement for any children of the marriage. The goal is to minimise conflict between divorcing couples and ultimately put children first while ensuring that there is a mutually agreeable outcome which is beneficial to all parties. The other aim is to reduce the possibility of future conflict or difficulty arising from the separation. Unlike traditional negotiations led by divorce lawyers, the emphasis is on transparency, joint problem-solving and signing an agreement that reflects what has been decided in meetings.

Who is involved?

Both parties instruct their own collaboratively trained solicitor (often referred to as collaborative solicitors) to begin the process. Thereafter, the process is multidisciplinary: using a financial adviser (known as a financial neutral) who can assist parties with reality testing and realistic planning for the future for both parties and any children of the relationship; and family counsellors or psychotherapists who can assist parties with dealing with the emotional fall out from separation.

The focus of the collaborative approach is everyone working together to reach a mutually agreeable outcome. The purpose is to lead to the best outcomes for everyone in as positive and united a settlement as possible, and to determine shared interests, for example in matters relating to children, and to focus on those to try to work together to make this happen.

Costs

Many people can be anxious regarding the cost of the process, but it is actually on par with traditional negotiations and costs far less than court proceedings which can become protracted and result in parties being very positional. As the focus is a mutual process, parties are focused on the issues and usually far quicker to come to resolution.

The process

Parties attend joint meetings with their solicitors as well as with financial neutrals and relationship therapists (if appointed) and all work is progressed this way. When parties have reached an agreement, a separation agreement is created in writing. If the collaborative discussion phase is successful, then moving forward to the separation agreement is generally quick and dealt with by parties’ solicitors. Where appropriate, and depending on jurisdiction, the terms may also be reflected in a consent order to help formalise the arrangements.

The collaborative process is a way in which parties are able to move on from their separation and with their separate lives in a positive manner, to be able to look back at the process without anger or regret, retain control over the decision making process throughout their separation, and is a process which many couples could benefit from when going through separation or divorce. It can be particularly helpful for separating couples who want a constructive, supportive approach.

How we can help

Danielle Stevenson is trained in the collaborative process and is an accredited family mediator. We can advise on whether divorce mediation is suitable, including attending a mediation information and assessment meeting where required, and we can also support you through the collaborative route.