Family Law
Collaborative Law...
What is it?
Collaborative law is a revolutionary new approach to dealing with the issues involved when a relationship breaks down which is built on mutual problem solving. Both parties and their specially trained solicitors work together to resolve issues and negotiate an agreement without going to Court.
The real cost of relationship breakdown is not merely financial, although anyone who has been through the process will know how costly court battles over splitting assets can be. The real cost is in the personal and emotional turmoil that so often accompanies the end of relationships. A "bad" divorce can leave lasting scars, not just on the two main protagonists, but on their children and on their extended family and support network too.
How does it work?
Initially both parties need to instruct their own collaboratively trained solicitor. You both need to agree that you want to resolve all issues arising from your separation or divorce without going to court. After an initial period when the solicitors will spend some time getting to know their respective clients and establishing what they really want to achieve from the process, all negotiations and discussions take place face to face with the parties and their solicitors present.
Throughout the process the parties remain in control and make decisions about their future and their children with the solicitors there for guidance and advice. Effectively the parties and their solicitors are working together as a "team" to ensure that the best possible outcome is achieved taking into account all of the factors that are most important to the couple and their wider families. When an agreement is reached it is contained within a legally binding agreement that will be put before the court for approval.
At the outset both parties and their collaboratively trained solicitors sign up to a four-way agreement setting out the principles and rules underpinning the collaborative process. If no settlement can be reached, and it appears that the only way forward is an application to the courts, new lawyers will need to be instructed for both parties. This is to avoid lawyers or their clients threatening court action and to hopefully keep the parties within the process even when the going may get difficult.
Is it for me ?
Yes if:
- You want to be in control of decisions and want a dignified non-aggressive resolution of issues.
- You and your former partner are able to negotiate directly around a table within a safe environment which encourages resolutions to be achieved.
- You want to protect your children from the stress and emotional aftermath that protracted court proceedings can result in.
- You want to resolve matters in a cost-effective way maintaining control of the timing and manner in which you reach a conclusion.
- Your main aim is not to seek "revenge" on your partner.
For further information please contact our Celia Christie at cc@blytheliggins.co.uk or on 01926 884733