Frequently Asked Questions

  • Collaborative practice is a voluntary process that enables separating couples to resolve matters constructively without going to court. Each person is supported by their own collaboratively trained solicitor, and the process may also involve family consultants, financial specialists or child specialists as needed. The focus is on respectful negotiation and practical problem-solving.

  • Litigation can be costly, adversarial and emotionally difficult for families. In collaborative practice, both parties work with a trained interdisciplinary team focused on constructive solutions rather than confrontation. You remain in control of decisions, timelines and outcomes, and discussions take place in private rather than in a courtroom.

  • The collaborative team includes you, your collaboratively trained solicitor, and a family consultant or coach. Depending on your circumstances, additional professionals such as financial specialists or child specialists may also be involved. All professionals are specifically trained in collaborative practice and work together to support a balanced and constructive process.

  • One party contacts a collaboratively trained practitioner to arrange an initial consultation. If the process is suitable and both parties agree to proceed collaboratively, each person instructs their own collaboratively trained solicitor and the team is formed from there.

  • In most cases, collaborative practice is less expensive than resolving matters through the courts. Each practitioner charges a standard hourly rate, agreed in advance. The process avoids open-ended court costs and barristers’ fees. The overall cost will depend on the specific circumstances and needs of your family.

  • Bring a willingness to be open and constructive. The collaborative process relies on full and honest disclosure of relevant information so that informed decisions can be made. Both parties commit to resolving matters outside of court and to respecting each other’s priorities throughout the process.

  • There is no fixed timeframe. The duration depends on the complexity of the issues and the level of conflict involved. Because the focus is on structured problem-solving rather than blame, the process is often more efficient than litigation.

  • Collaborative practice requires both parties to engage openly and in good faith. It relies on full and honest disclosure of relevant information and a shared commitment to resolving matters constructively outside of court. Your practitioner will advise whether the process is appropriate for your circumstances.

  • Collaborative practice has a high success rate. However, either participant may choose to end the process at any time. If this happens, both collaborative solicitors must withdraw and cannot represent either party in contested court proceedings. Each person would then need to instruct new legal representation if they decide to pursue litigation.

  • In certain circumstances, limited court involvement is required at the conclusion of the process. For example, a divorce decree or pension adjustment order must be formally granted by the court. However, the terms are agreed collaboratively in advance, and the court’s role is administrative rather than adversarial.