Collaborative divorce: What it is and why it matters
16th September, 2025
The divorce process is complex, and it can be made even harder if you are dealing with a high-conflict divorce, if you are divorcing a narcissist or if you need to go to court to finalise your divorce. A Collaborative Divorce can be considered if you and your partner can get along well enough and agree to settle disputes outside of court.
What is a Collaborative Divorce?
Collaborative divorce is a process which helps you reach an agreement about your divorce, financial dispute and children matters away from the court process, and often much quicker.
During this process, you and your partner will have their own collaboratively trained solicitor, and you will all meet together to work things out face to face. You will be supported by your divorce solicitor throughout the entire process to ensure you have the correct legal advice at every stage of your collaborative divorce. You and your partner make a commitment, by signing a participation agreement, to resolve your divorce dispute away from the court process. If the Collaborative divorce breaks down, you would need to instruct new solicitors for any potential court application, and this creates an incentive to fully commit and buy in to the process.
The effects of divorce on children can be major and family law can be a complicated area. Everyone reacts differently to divorce, especially children, so it is important that you put the needs of your children first throughout the collaborative approach process. Navigating divorce with neurodiverse children can be even harder, but you will have the opportunity to work with a family consultant or child specialist and an independent financial adviser. This means that you can put your children and the arrangements to support them going forward, including financial and home arrangements, at the forefront of your discussions.
Parenting through divorce or separation is difficult for any family, but using a Non-Court Dispute Resolution (NCDR) and working with a specialist collaboratively trained divorce solicitor can make the process easier. The Collaborative NCDR process can help you achieve an amicable divorce.
What is Non-Court Dispute Resolution (NCDR)?
Non-Court Dispute Resolution (NCDR) encompasses any process that can be used to help people resolve issues without making a court application, and it is commonly used when families separate because of divorce.
Court orders are needed during the divorce process when you and your partner cannot agree on how to proceed with property or financial issues. If you are a parent and are supporting children during a divorce, you will need to organise child arrangements, and court orders can be necessary if you and your partner are unable to agree on these matters.
However, if you are able to work well with your partner to come to these collective decisions, using an NCDR has several benefits, like saving time, money and stress, and allowing you to retain control over the outcome.
Some common forms of NCDR include mediation, arbitration, early neutral evaluation and Private Financial Dispute Resolution (FDR) and collaborative divorce. Legal advice from specialist divorce solicitors should still be obtained during the NCDR process.
The court will expect parties to have tried some form of NCDR before applying to court for support with resolving these issues, unless there are special circumstances, for example, domestic abuse.
Why collaborative divorce is becoming the preferred alternative to court battles
Wherever possible, families are being encouraged to consider resolving disputes outside of court. Collaborative divorce, a form of NCDR, is becoming more popular because it is a less confrontational way to resolve disputes without going to court.
If you and your partner are able to work together collaboratively to resolve the issues, there are several benefits of choosing collaborative divorce . These include:
- Cost-effectiveness compared to litigation
- Less stress and conflict for all involved
- More control over outcomes of the situation
- Flexible process and timeline
- More privacy compared to court proceedings
- Co-parenting benefits
You will potentially experience emotional burnout during a divorce, so using the collaborative divorce approach may make the process easier for yourself and your partner, and children if they are involved.
It is important to remember that collaborative divorce and other forms of NCDR are not always appropriate in every circumstance, for example if you are experiencing divorce and financial/domestic abuse. However, rebuilding your life post-divorce is possible in these circumstances, and we will work with you to ensure you receive the support and legal representation you need to succeed.
How Ward Hadaway can support you during the collaborative divorce process
If your collaborative divorce approach is unsuccessful, you will have to start over with new legal representation, so choosing a divorce solicitor with the correct experience is crucial.
Going through a divorce can be one of the most heartbreaking and life-changing experiences anyone can go through.
At Ward Hadaway, our team of expert divorce solicitors have extensive experience in supporting clients through this difficult time with care and compassion to ensure they receive the desired outcome with confidence.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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