In a divorce case, court hearings and high legal costs have come to form the context of ending a relationship. With collaborative law, a settlement can be reached out of court, with an emphasis on discussion and understanding, rather than confrontation and accusation. If you are seeking to end a relationship as smoothly as possible, whilst keeping communication calm and dignified, collaborative law may offer the best way to do so.
Unlike family mediation, family lawyers representing each person are present throughout collaborative meetings, and can help to guide negotiations with their advice. However, if you wish to control your own dealings, without the outside judgment of a court that may take one side or the other, then collaborative law presents this opportunity.
Collaborative law involves two lawyers, fully trained in the process, representing those involved, so you will still incur legal costs, often more so than with mediation. However, lawyers place great importance on arranging face to face meetings, and in comparison to a process of letters and phone calls with a traditional divorce case, meetings are encouraged to be as amicable and understanding as possible. In the interests of ending a marriage as swiftly as possible, you will still need, under collaborative law, to provide full financial disclosure to your partner and their lawyer.
Rather than facing your partner in a courtroom, collaborative law encourages stage by stage negotiations, with meetings documented, and meetings with your lawyer held to arrange points for future discussion. Particularly where children are concerned, negotiations focus on putting them first, and in maintaining a working relationship with your partner in order to carry out your parenting responsibilities. However, if a legal claim is needed to be put before a court, or an injunction, such as a restraining order on a partner is in place, collaborative law should not be undertaken.
A collaborative divorce case focuses on productive and civil discussion, rather than a circle of stress and blame often associated with the end of a marriage. Legal advisers can help you through each meeting, and place no pressure on you with time frames, such as is the case in court hearings. Multiple court appearances increase the cost of divorce cases, and the prolonged process can often be detrimental to a couple’s health, as well as their finances. Collaboration also focuses on helping you to reach the next stage of your life, and should be considered in order to achieve a final and lasting settlement outside of the court process.
Collaborative law is not right for everybody – but for those who suit it, appointing an experienced collaborative law solicitor can really make the whole divorce much less painful. Both family mediation and collaborative law work just as well in cases of civil partnership dissolution.
Phone today for advice from collaborative law experts
Our specialist divorce solicitors know how effective collaborative law can be and would be very happy to help you with any queries you have about the dispute resolution method.
So, call us today or send an email to advice@the–divorce-solicitors.co.uk.