If you and your partner are separated, it can often be very difficult to talk about the practical issues arising from your separation. This can be made easier if there are others involved to help facilitate these discussions.
What is Collaborative Law?
It is very common during a separation for both parties to instruct a solicitor to correspond on their behalf. While both parties are receiving independent legal advice, communications can sometimes break down between the parties and this often makes the process of agreeing matters much more difficult.
Collaborative Law is a process which is a hybrid between mediation and round table negotiations which are conducted through solicitors.
How does Collaborative Law work?
The Collaborative Law process involves each of you appointing your own collaborative solicitor. You and your former partner will then sit down with your lawyers in a four-way meeting with the expectation that all four people will take part in the meetings.
The focus is on the discussions which take place face to face to avoid exchanges between solicitors’ correspondence which can sometimes appear negative or damaging since they can have a sharper interpretation than intended and can make relationships more strained.
Collaborative law is aimed at achieving an outcome which is acceptable to both of you without the need for Court. If it is not possible to reach such an agreement, and you need the assistance of the Court to reach an outcome, then the collaborative lawyers will need to withdraw and do not take any further part in the proceedings. This is so that there is no concern that the lawyers may be seen to have a vested interest in the talks breaking down.
In what situations is Collaborative Law suitable?
For the Collaborative Law process to work both parties need to have a genuine desire to reach an agreement amicably. Both parties must also be willing to be open and honest about their position and in particular their assets.
What are the benefits of Collaborative Law?
Collaborative Law still allows you both to have your own independent legal advice and during the meetings you can both feel that you are fairly represented. You are able to set the agenda of the meetings and you both can decide when and where the meetings take place. The communication with your former partner remains open which makes matters much easier to handle and will benefit any children involved.
To find out more about the Resolution first for Family Law collaborative process click here: https://resolution.org.uk/looking-for-help/splitting-up/your-process-options-for-divorce-and-dissolution/the-collaborative-process/
To find out more about the Collaborative Law process and how it may work for your situation contact our Family and Relationships team today. We offer Family Law services to clients across Suffolk, Cambridgeshire, Essex, and Norfolk. As Resolution Lawyers we pride ourselves on the support we give our clients and our ability to avoid conflict through the Divorce and Separation process. Get in touch today to arrange a consultation on 01284 767766.
Please note this article is provided for general information purposes only to clients and friends of Atkins Dellow LLP. It is not intended to impart legal advice on any matter. Specialist advice should be taken in relation to specific circumstances. Whilst we endeavour to ensure that the information in this article is correct, no warranty, express or implied, is given as to its accuracy, and Atkins Dellow LLP does not accept any liability for error or omission.
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