Collaborative Law Print E-mail

Collaborative Law is a new way for couples to reach a mutually agreed divorce or separation settlement without going to court, and a better way of handling sensitive and emotional issues.

In Collaborative Law, the couple set the agenda themselves and discuss what they want in a series of face-to-face meetings. You and your partner each have a specially trained solicitor on hand to give you advice and to assist you both to ensure the discussions are constructive. The aim is to work together to resolve the key issues with fairness, dignity and mutual respect. You set your own agenda, and remain in control of the process - unlike the legal protocols and constraints imposed by a court, with a judge deciding the outcome rather than yourselves. Children are often the real victims of the breakdown of relationships, and the collaborative process can ensure that their needs are put first.

You both agree at the beginning that neither of you will not go to court to resolve the dispute, giving you the freedom to negotiate issues without the threat of court action. Your lawyers also sign an agreement that disqualifies them from representing you in court if the collaborative process breaks down. This means all four of you are totally committed to making the process work. If necessary your lawyer will call in other experts such as child specialists, counsellors, financial specialists or accountants as part of your divorce team.

The focus is on you and your family, and you have the opportunity to talk through all the issues at a time and place you chose, and come to a workable agreement. Provided you both enter the process with an open mind and are prepared to make an honest and open disclosure of all the relevant information (and that neither of you is hell bent on revenge) the process of Collaborative Law is faster and less acrimonious than court proceedings, for divorce and separation and also for other finance or child-related family issues.

However, if a settlement cannot be reached, new lawyers must be instructed to issue Court proceedings. Once you have reached an agreement, it is fully binding and becomes the divorce settlement.

To find out whether this approach may be right for you and your partner, give us a call on 0208 445 7707 and talk to one of our specially trained collaborative lawyers.

 
If you would like more information or to discuss this with one of our solicitors, please contact us and we will be happy to assist you.
 
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