Project Description
Collaborative Law: The Process
Each person appoints their own lawyer who has to be collaboratively trained. You, your ex-partner and your collaborative lawyers meet to work things out face to face. You all sign an agreement that you wish to resolve the issues without going to court.
At the beginning of the process there is an assessment of your motivation for wanting to use the collaborative process. At each meeting the agenda of issues is considered and dealt with in order of priority.
The advantage of the collaborative process is that it fits around you and the speed at which you want to proceed. Your collaborative lawyers are also able to deal with the divorce and the financial order if these are agreed. However, if there is any dispute about the finances or the divorce, then your collaborative lawyers will have to stop acting for you. They will not be able to represent you in court and you will have to appoint new lawyers.
Within the collaborative process, there is the option to include neutral experts such as IFAs and others such as mediators and counsellors who will support both parties during the difficult process of ending the relationship and finalising the finances.
Collaborative Law: A Case Study
Problem
My client and his wife both wanted a divorce. They lived in a valuable family house, had young children at private school, and were enjoying a comfortable standard of living.
Solution
They decided on collaborative law and had five collaborative sessions in all. Two of the issues that were equally important to them both were the child arrangements and where the pets should live.
Outcome
The divorce application, financial settlement and child arrangements were all agreed without having to go to court. My role in this situation was to find workable solutions that everyone was happy with. My client felt comfortable enough that he could be completely frank and open in his conversations with me – an important factor when trying to achieve a successful outcome. Having four-way collaborative sessions where both parties and their lawyers could try to find a way forward was the key to resolving this case.
