As you’re probably aware from previous blogs, we are very enthusiastic about collaborative law as a way of settling many divorce and civil partnership dissolution cases – but only if both you and your spells also partner are going to be honest, open, willing to negotiate and you share a desire for a sensible resolution rather than seeing it as a battle to be fought. As a result, under the collaborative family law process the lawyer acting for a spouse or partner must withdraw from the case if he/she has not given a full and frank and financial disclosure by the client.
Similarly, if one’s spouse or civil partner has not been fully open or honest with regard to such disclosure, then their own collaborative lawyer should advise them to withdraw from the process.
If you believe that your spouse or partner is likely to be anything other than frank and honest, the advice of our divorce solicitors is simply to avoid the collaborative law process entirely.
Finally, if after going through the collaborative law process, a financial settlement is reached that that subsequent returns to have been based on incomplete or false information which has affected the outcome, then the “innocent” party can seek to have it overturned -in exactly the same way as you would in any non collaborative law divorce settlement. This applies even if the agreement has been made the subject of a court order.