Avoiding Court Through Collaborative Law – A More Respectful Way To Divorce

By Natalie Beese

Partner

11 November 2025

Blog News

The decision to divorce is often one of the most difficult decisions a couple will make even where the decision to separate is mutual and amicable. There are financial stresses relating to dividing assets. Finding a way to co-parent constructively is usually the primary focus for our clients. 10^th-14^th November 2025 is Resolution’s Good Divorce Week so we are taking a look at the collaborative law process, which is often considered a more constructive and respectful way to divorce. 

There are now many different ways to resolve disagreements in relation to children and finances.  The Family Procedure Rules were amended on 29 April 2024 to encourage early, out of court resolution in family cases.  The amended rules expanded the definition of non-court dispute resolution (NCDR) to include: mediation, arbitration, evaluation by a neutral third party and collaborative law. This definition is not limited in scope and other forms of resolution may also be included. 

It is now necessary in court proceedings to file a form confirming why a party is seeking a court order rather than resolving the matter through NCDR. Judges can adjourn court hearings to allow parties to engage in NCDR and can make costs orders against litigants who fail to engage in this.  It is therefore a crucial step at the outset of a divorce to consider carefully with your family lawyer which of the above processes may be utilised to resolve the matter and to consider all alternatives to court. Collaborative law is one option which has some unique differences to other options.

What is collaborative divorce?

Collaborative law is not a new concept.  It has been utilised in the UK since 2003 but we have noticed it increasing in popularity following changes to the Family Procedure Rules in 2024. This is no surprise given the continuing difficulties faced by the Family Court including significant delays due to insufficient funding and a shortage of judges.  

Under the collaborative law process, each party to the divorce appoints their own specially trained, collaborative lawyer.  The couple and their respective lawyers meet together to work things out face-to-face.  The process involves both lawyers working respectfully to support the parties with reaching an agreement. This is dealt with through a series of meetings, where each party will have their lawyer with them. The process is entirely flexible. There are no court deadlines involved and it moves at the pace of the couple involved.

The process gives the couple a great deal of control over the outcome of their divorce. They make their own decisions with the assistance and support of their lawyers.

The participation agreement

The key difference between collaborative law and other processes is that the couple and their respective lawyers will all sign an agreement, called a participation agreement. The agreement prevents the lawyers from representing their clients in court if the collaborative process breaks down. Both parties can therefore be confident when embarking on the collaborative law process that their lawyers are entirely committed to the process and believe that their case can be resolved outside of court. The lawyers are prepared to stand down from the case if the approach is unsuccessful.

Benefits of the collaborative law process

One of the key benefits of the process is that if the assistance of other professionals is required, they can be included as part of a collaborative team. These professionals may include those who can assist with financial matters such as an independent financial adviser or an accountant, tax specialist or actuary or those who can assist with children matters such as a family consultant, therapist or child specialist. 

Collaborative law can be beneficial in many types of cases ranging from amicable separations to those which are complex provided both parties are willing to be transparent and respectful. The process requires a willingness to provide financial disclosure and also to work together to resolve difficult issues. 

Types of cases collaborative law is ideal for:

• The negotiation of nuptial agreements; 
• Couples who agree that divorce is the right decision and want to avoid litigation;
• Where there are complex assets such as family businesses – the collaborative process allows for financial specialists to assist neutrally and transparently;
• Where there are unusual business interests, trusts or international assets and creative solutions which differ to orders the court would make may assist;
• Where children are experiencing particular difficulties or specific parenting plans are required and both parents want to prioritise their children’s wellbeing; and
• Where variations to a financial settlement or child arrangements are required and neither party wants to deal with this via court.  

Collaborative Law is not limited to divorce cases. It is particularly effective as a forum to discuss the terms of nuptial agreements or settlements involving family business, rather than through traditional correspondence. It can also be a useful process if variations are required to a settlement that has previously been agreed. If parties have already been through litigation or extensive negotiations it is a constructive way of dealing with variations.

Is collaborative law right for you?

Collaborative law is best suited to couples who are willing to work together respectfully, even if they disagree. It will not be appropriate in cases where there has been domestic abuse, coercive or controlling behaviour or where there is an extreme power imbalance.  It would also not be appropriate if one party is unwilling to disclose their finances transparently. Collaborative lawyers are trained to screen cases to identify whether they are appropriate for this form of NCDR and can therefore ascertain at an early stage whether or not this method is likely to be appropriate for you. If any of the above factors apply alternative options can be discussed.

Summary

Collaborative law is about choosing a respectful and compassionate approach and one where clients play a key role in determining the outcome. Taylor Walton’s family team is recognised in the Legal 500 as “a premier choice for handling matters through constructive and non-confrontational NCDR solutions, such as mediation, arbitration and collaborative law.”  We have three collaboratively trained Partners, who are happy to discuss the collaborative law process in more detail with anyone who would like further information.

Taylor Walton’s Family Department provides advice in relation to all aspects of Family Law.  If you would like to speak to a member of our team, you can do so here.

Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.