In the event of a relationship breakdown where the two of you want to be in control and do not want a court to decide how your money is divided and/or how the future arrangements for your children are determined, then the collaborative law process may be for you.
Collaborative law, facilitated by collaborative law solicitors, allows couples to resolve disputes amicably and outside of court. This process emphasizes cooperation and mutual agreement, enabling both parties to work together with their solicitors to achieve fair and practical solutions.
Wondering what is collaborative law? It's a non-adversarial approach to dispute resolution that focuses on open communication and finding mutually beneficial outcomes without litigation. If you're seeking a respectful and constructive way to navigate your relationship breakdown, collaborative law could provide the solution you need.
What does collaborative law entail?
The idea behind the collaborative law process is for the parties themselves, with the assistance of their lawyers, to reach their own fair solution, without the cost, uncertainty and potential acrimony of the traditional court process.
After an initial meeting between you and your lawyer a series of four-way meetings are arranged with your partner and his or her collaborative lawyer. Meetings largely follow this pattern until matters are resolved when the court can be approached at that stage simply to approve the arrangements you have made yourselves. There is no need for you to go to Court. All negotiations take place at the face to face meetings. Whilst you are in the process you make a commitment not to go to court. In the event that negotiations break down and it is necessary to issue an application to court, you and your partner would have to instruct new lawyers. This means everyone in the process is fully committed and motivated to trying to seek a fair resolution.
Independent financial advisers and accountants can also be brought into the meetings to give independent professional advice on any relevant issues that may arise such as the valuation of a business or the right level of maintenance payments to maintain a home for the children. If you are business owners, perhaps in business together, and want to maintain a working relationship for the future then Collaborative law may be an option worth considering. Likewise, if you have children with special needs or your case is a little bit more complicated than the average divorce then collaborative could be for you.
Why choose the collaborative law approach?
The collaborative approach is far more cost effective than Court and puts you and your partner in the driving seat. You have a say in what is on the agenda of each meeting so that each meeting can address what is important to you. The process can move as quickly or as slowly as you like and if one or both of you or even the children need extra support then an experienced Family Consultant can also be involved from the outset. At the core of the collaborative process is mutual respect which is essential for separating parents to be able to parent apart going forwards.
Speak to a collaborative law specialist
Collaborative law is a progressively popular way of resolving conflicts between couples and it could be suitable for you and your situation, with honesty and time, your divorce can be made as amicable as possible with the support of your lawyer. Contact our family law solicitors for more information.
Key Contacts
Simon Magner Mawdsley
Partner | Head of Family Law
Described by clients as "an excellent listener, open and engaging", "exceptional", "reassuring" and "insightful", Simon acts for a range of clients in all aspects of relationship breakdowns including divorce, resolution of financial matters, civil partnerships, cohabitation disputes, pre- and post-marital agreements, injunctions, and children matters.
