What is Collaborative law?
Collaborative Law is a way of trying to resolve disputes or issues you may have with your spouse or partner about your separation or divorce in a series of four-way meetings with your respective lawyers without having to go to court. You each make a promise that you will not start court proceedings.
What is the advantage of adopting a collaborative approach?
The idea is to allow you to stay in control of the process of separation and divorce by giving you the opportunity to have your say in a safe and non-hostile environment and to reach a compromise which is satisfactory to both of you but will still be made into a binding court order.
Will it be cheaper than going to Court?
It will almost always be cheaper to work matters through constructively together with the help of your collaborative solicitors rather than going to court to fight over issues. It should also be less costly emotionally.
What other advantages are there to this approach?
The hope is that you and you ex-partner will be able to maintain your dignity and to keep open the lines of communication even after your separation or divorce which, if you have any, can only be in the interests of your children and also your own future peace of mind.
What happens if we can’t reach an agreed settlement or if the process completely breaks down?
It is really in your interests to make it work even if the process becomes difficult sometimes. Although it is rare, if ultimately you do not see any way of resolving the issues, you would both have to instruct new solicitors and start the court process off afresh.
If you have any queries regarding the collaborative process please do not hesitate to contact us to discuss.