Alternatives to traditional court-based approach on relationship breakdown - Collaborative Law
Collaborative family law is a relatively new approach to constructively dealing with issues arising from the breakdown of a relationship. It can be used by couples whether living together or married.
Traditionally, a separating couple each instructs their own solicitor who then endeavour to negotiate and reach agreement over issues in dispute, for instance financial issues or points arising in relation to the children of the family. If agreement cannot be reached, one or other of the couple then usually instruct their solicitors to issue a Court application. Court proceedings often involve a lengthy Court timetable and increased costs due to the amount of preparation work that needs to be undertaken. Barristers are usually instructed to represent clients at Court hearings and this is an additional expense to the solicitor's costs and Court fees.
If you choose the collaborative family law process then you will each instruct a collaboratively trained lawyer. The couple and the two lawyers sign up to a Participation Agreement which sets out points of understanding in relation to the collaborative process. It clearly states that whilst your collaborative lawyers are acting for you the matter will not go to Court except to obtain a divorce by consent and/or obtain an order by consent confirming points of agreement reached.
The collaborative process takes place by way of a series of meetings with the couple and the two collaborative lawyers present. These are known as "four way meetings" and the aim is for everyone to work constructively together to endeavour to reach a resolution that is acceptable to you and your partner/spouse.
Collaborative family law promotes:
- Transparency.
- Greater autonomy for you in making material decisions that can affect the rest of your life.
- Immediate support and assistance from both collaborative lawyers working together to ensure you are both able to work through any points of dispute.
- Advice as and when needed.
- Very few letters are written so promoting a reduction in "Chinese Whispers" that can so easily occur where correspondence is passed backwards and forwards.
- A greater chance of a good relationship with your partner/spouse in the future which is especially important where there are children involved.
- Help of other experts where necessary, such as child specialists, independent financial advisors, pension's specialists etc who will then work as part of the team.
- Structured meetings by adhering to agendas which are preset after full consultation with you.
- No Court!
Collaborative law therefore involves the couple and the two lawyers working together in an open and respectful way. As the couple have to each instruct new lawyers if the collaborative family law process breaks down, everyone feels the importance of ensuring that the collaborative law process works.
Full and frank financial disclosure takes place as it would in the traditional process and documentation is provided as normal by way of evidence of income, capital and pensions.
Both Joanna Hawkins and Rachel Lander are trained collaborative lawyers and are committed to the benefits that this process can offer to clients.
More information on the collaborative law process can be found on the collaborative family law group website at www.collablaw.org.uk where a helpful list of commonly asked questions and corresponding answers provides more information on this topic. Alternatively, do not hesitate to speak to Jo or Rachel who can provide more information and advise if your case is suitable to be dealt with collaboratively.
The contents of this fact sheet are general principles and do not constitute legal advice. Every case is different and you should seek independent legal advice in relation to your specific circumstances.