Apr 2026
When a marriage or relationship comes to an end, many people assume that adversarial court proceedings are the only way to resolve disputes over finances, property and arrangements for children. However, collaborative family law — a voluntary, non-adversarial process already well established in the United Kingdom, offers a promising alternative for families in Bermuda. In this process, both parties and their respective lawyers commit to resolving disputes through structured negotiation rather than litigation.
What Is Collaborative Family Law?
Each party retains their own collaboratively trained lawyer, and everyone signs a “Participation Agreement” setting out the ground rules. The foundational principle is that if the process breaks down and either party decides to go to court, both collaborative lawyers usually have to withdraw. This ensures that every person involved is fully invested in finding a negotiated resolution. The process is built on transparency, good faith, and mutual respect, with both parties agreeing to provide full and frank disclosure of all relevant information.
How Does the Collaborative Process Work?
The process unfolds through a series of structured “four-way meetings” in which both parties and both lawyers sit together and work through a clear agenda in a respectful, problem-solving environment. The key stages are as follows:
Information Gathering and Disclosure. Both parties voluntarily disclose all relevant financial information, including income, assets, debts and pensions. The emphasis on transparency removes much of the suspicion and hostility that can characterise traditional litigation.
Identifying Interests and Needs. Rather than adopting rigid demands, the collaborative model encourages both parties to articulate their underlying needs and priorities. For example, a parent’s stated “position” might be sole custody, but their underlying “interest” might be ensuring stability in the children’s schooling. By focusing on interests rather than positions, the parties often discover creative solutions that a court could never impose.
Negotiation and Agreement. The group works together to generate and evaluate options against objective criteria of fairness and practicality. While lawyers guide their clients, the parties themselves are the decision-makers. Once agreement is reached, the lawyers prepare the necessary legal documentation, which in Bermuda may include a consent order filed with the Court.
In more complex cases, the collaborative team may be expanded to include other professionals, reflecting an interdisciplinary approach widely adopted in the United Kingdom. This can include financial experts, valuers, divorce coaches and child specialists, particularly if the welfare of children is a central concern.
Why Consider Collaborative Family Law in Bermuda?
Preserving Relationships. Bermuda’s small size means that separated parents will almost certainly continue to encounter each other at school events and social gatherings for years to come. The collaborative process helps preserve a workable relationship between the parties, which is particularly important for children, who fare best when their parents are able to cooperate after separation.
Control and Flexibility. In the collaborative process, the parties retain control over the outcome rather than leaving the final decision to a judge. They are free to craft creative, tailored solutions — such as how holidays will be shared, how educational decisions will be made, or how a family business will be managed — with a level of specificity that a court order rarely achieves.
Efficiency and Cost. The collaborative process is generally more efficient and cost-effective than contested litigation. It moves at the pace set by the parties, without the costly procedural steps such as formal discovery, interlocutory applications, and trial preparation that characterise adversarial proceedings.
Emotional Well-Being. The collaborative process is designed to minimise conflict and address the emotional dimensions of separation constructively. Many clients report that, although their separation was painful, the process helped them move forward with dignity and closure.
Is the Collaborative Process Right for You?
Collaborative family law is suitable for a wide range of family law disputes, including divorce, the division of matrimonial property, spousal and child maintenance, and arrangements for children. However, it may not be appropriate where there is a significant power imbalance, domestic violence or abuse, or where one party is unwilling to provide full and honest disclosure. If you would like to explore whether the collaborative process is right for you, we encourage you to seek advice from our collaboratively trained family lawyer.
Conclusion
Collaborative family law offers Bermuda families a dignified, respectful and effective alternative to the courtroom. By placing the needs of the family at the center of the process, it empowers the parties to shape their own future.
If you would like advice about this process, please contact the author of this article.