Is collaborative family law an option for me?

25 August 2026

Before 6 April 2022, to get a divorce, spouses had to make a claim of the other’s unreasonable behaviour or adultery for a divorce to be considered.

As of 6 April 2022, the blame game came to an end, and no-fault divorce came into effect.

This has opened up many channels for people wishing to get a divorce, one of which is collaborative family law.

Many people believe that collaborative divorces are a more amicable way of ending a marriage. However, individuals need to consider whether the process fits within their needs and if it is the right route for them to take.

What is collaborative family law?

When choosing collaborative family law, you and your partner are choosing to work together to end the marriage.

This approach encourages open communication and negotiation to bring a solution that works for both parties and that benefits the whole family.

The process is entirely voluntary, and the entire divorce process occurs outside of the court, eliminating some stress and emotional challenges from the divorce process.

Each partner will appoint their own solicitor. You will then all meet up and discuss the divorce face-to-face in order to reach an agreement that suits both parties, with individual legal guidance.

There is no set number of sessions that couples attend when they are seeking a collaborative divorce. They must continue until an agreement has been reached that is mutually beneficial.

When choosing a collaborative divorce, both parties must give full and open disclosure, commit to the process, try to avoid litigation and seek arrangements from other professionals to advise on specialist matters such as finances or child arrangements if needed.

In what situations is collaborative law not applicable?

While collaborative divorce may be an excellent option when ending a marriage, there are some situations in which this approach is not applicable.

These include:

• Domestic abuse – If one partner has been physically violent, threatening or there have been safeguarding issues for children.
• Coercive control – If one partner controls or scares the other, discussions cannot be fair or balanced.
• Hiding assets – If one partner is found to be hiding assets or withholding financial details.
• No commitment to fair discussions – If one party does not want to engage or is goading an argument instead of a fair deal.
• Severe power imbalance – If one partner has significant power over the other, the other can be forced into an unfavourable agreement.

If any of these occur, collaborative law is no longer an option. You must then seek alternative arrangements for your divorce.

What are alternative options to collaborative family law?

If collaborative divorce is no longer an option, there are still routes that can be taken to put the marriage to an end.

If your partner has hidden assets or is not trying to come to a collaborative solution, litigation is your final choice.

In this case, the judge will review evidence and will issue a binding court order after formal hearings.

Many courts will require that you and your partner show that you have considered mediation options, unless an exemption like domestic abuse applies.

It is an important consideration to make that this is a significantly more expensive option than collaborative family law.

How can we help?

The end of a marriage can be a difficult time for all parties involved and choosing the right method to pursue your divorce is imperative for a successful outcome for both parties involved.

Our talented team of family lawyers are here to support you through the steps of a divorce. We can advise you on the best route to take depending on your circumstances.

Whether it is collaborative or in court, we are here to protect your best interests every step of the way.

For support with a divorce, get in touch with our compassionate family law solicitors today!