Getting divorced? The pros and cons of collaborative family practice
By Jones Myers Partner, Nicki Mitchell, a Family Law Mediator and Collaborative Family Lawyer
In 2026 more couples who are divorcing and separating are expected to choose non-confrontational ways to legally end their relationship and put their children’s best interests first.
Among the options available to couples who want to deal with the consequences of their separation in a spirit of cooperation is collaborative family practice, where couples commit to avoid the court route and work together with specially trained lawyers to make their own decisions about the future.
How does it work – and who is involved?
You and your ex each appoint your own collaboratively trained lawyer and have a series of meetings where you all work together to identify, address and resolve financial, parenting and other key issues. Like mediation, the process is entirely confidential.
Collaborative family lawyers provide support and legal advice throughout the sessions. Accountants, independent financial advisers, pensions advisers and/or childcare specialists can also attend and provide guidance on a neutral basis. You have as many or as few meetings as are necessary to resolve the issues between you.
At the outset you, your collaborative lawyers and any other specialists involved sign a Participation Agreement that commits all of you to strive to reach resolutions without going to court.
The Agreement prevents your collaborative lawyers from representing you in court if the collaborative process breaks down, ensuring everyone is wholly bought into making the process work.
What are the advantages and disadvantages?
Like mediation, collaborative family practice puts you and your ex in the driving seat so you can progress the sessions at your own pace, working around your respective work and family commitments.
Faster, less stressful and more cost effective than going to court, it ensures that everyone involved is committed to achieving a solution. In times where transparency is encouraged in the family courts and journalists can attend hearings, collaborative practice guarantees your family’s privacy.
What happens if a successful outcome is reached?
Once an agreement is reached, your lawyers will formalise it, obtaining a formally binding Court Order without you having to go to court.
What if talks break down?
At any time during the sessions either of you can terminate the process through a Formal Notice of Withdrawal. Again, as in mediation, failure can be avoided with the right support, including where necessary, an early neutral evaluation or arbitration on disputed legal issues.
How does this process differ from mediation?
In mediation, family mediators are neutral – they cannot give advice to either of you as their role is to facilitate discussions leading to your own decisions being made.
Collaborative family lawyers, however, can advise those they represent at the same time as conducting the negotiations. As highlighted above, they also sign an agreement to avoid court, providing a positive investment in the process for the whole team.
Our specialist family lawyers help our clients to prepare for non-confrontational routes to divorce, working with them to achieve their desired outcomes.
For queries on any aspect of divorce or family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 01423 276104, (York) 01904 202550 Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce
Jones Myers blog is ranked 4th in the UK’s Best 20 family law blogs and websites to follow in 2026.
Image courtesy of Eric Ward, Unsplash