Getting a divorce can be one of the most stressful events in life. Set out below are the 10 key elements of collaborative law, a process designed to make divorce easier.
1. A collaborative law agreement can help to avoid a court hearing.
In reaching an agreement to settle differences outside of court, with the help of trained lawyers, yourself and your partner need not attend court to have your divorce finalised. This can allow both of you to move on to the next stage of your lives.
2. Collaborative law can help to maintain a good relationship between yourself and your partner
With a focus on discussion and solutions rather than recriminations, collaborative law can help to sustain a relationship with your partner into the post marriage phase, and this is particularly important where children are concerned.
3. Collaborative law is different from family mediation.
In the family mediation process, lawyers are not present at meetings between couples and a mediator, who remains neutral during the process. In collaborative law, lawyers will be present at meetings to assist yourself and your partner in setting an agenda for meetings, and in raising points to settle with sound legal advice.
4. Collaborative law puts you in control.
Rather than a judge making a final decision on the ending of your marriage, collaborative law allows for you to stay in control of your own affairs. Yourself and your partner set the set the agenda for meetings, with the help of trained lawyers, who will guide you towards a settlement.
5. Collaborative law encourages a divorce settlement out of court
If agreement cannot be reached outside court, then yourself and your partner will have to appoint new legal representatives. Collaborative lawyers, by law, are not permitted to act for their clients in a court hearing.
6. Outside parties involved in collaborative law can help reach settlement.
During the collaborative process, outside professionals, such as accountants and social workers can be brought in, in order to assist in discussing and resolving pertinent issues, such as the emotional wellbeing of any children involved.
7. Collaborative law puts children first
If yourself and your partner have children, the collaborative process will put them at the centre of negotiations, in order to ensure that their needs and emotions are safeguarded as much as possible.
8. Collaborative law can offer a quicker end to a marriage
Rather than waiting many months for seemingly endless court appearances, Collaborative law can offer a smoother end to a relationship. Once an agreement is reached and signed, lawyers can then submit final paperwork to a court for approval. Neither yourself nor your partner need attend court for the proceedings.
9. Collaborative law isn’t always the solution
In cases where an injunction is in place on one partner or the other, for example, in cases of domestic violence, or a legal claim needs to be brought before a court, collaborative law is not an appropriate medium to undertake.
10. Collaborative law offers closure on a marriage
Instead of bitterness and confrontation ruining a post marriage relationship between yourself and your partner, collaborative law seeks to keep functioning and amicable relations between you, especially where parenting children is concerned.
Divorce can be an exceptionally stressful. If it is right for you and your spouse, appointing an experienced collaborative law divorce solicitor can make the whole divorce much less painful. The whole collaborative law process works just as well for Civil Partnership Dissolution.
Call today to receive more useful information from collaborative law experts
You may wish to discuss the benefits of collaborative law in greater detail. If so, simply phone a member of our team and we would be pleased to help.
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