For many couples in the unfortunate position of separating or divorcing, the prospect of lengthy and expensive court battles can be a daunting process with no guaranteed outcome and the feeling that matters are beyond your control. Collaborative Law offers a real and successful alternative to the "traditional approach" of resolving matrimonial disputes.
Traditionally, when couples separate they each take independent legal advice from specialist family solicitors. They work through their lawyers to try to reach an agreement. If no agreement can be reached, some months down the line (and potentially thousands of pounds) it is left to the family courts to decide, leaving a degree of uncertainty. For couples choosing the collaborative route to resolving their differences, there is a commitment from both the client and the lawyers not to go to court and matters are resolved through direct discussion in a series of meetings attended by both the clients and their lawyers. All parties work as one team and the process only concludes when all matters are satisfactorily settled.
What is required to make Collaborative Law work?
- a genuine desire of both spouses to make it work
- a willingness to disclose, fully and honestly, information about all assets
- skilled solicitors who are specifically trained in Collaborative Law
- an agreement and real and recorded commitment that you will reach a solution without going to court
Why is Collaborative Law so successful?
- Both clients benefit from having their own specialist solicitor and are in control of the process without having the threat of legal proceedings
- The clients both set the agenda and therefore can prioritise what is most important to them and their family to resolve
- The clients both set the pace as there are no court timetables.
- Matters can be resolved quickly and potentially at a cost saving from the traditional method.
- The clients both make the decisions that are best for their family and its future without a stranger in a courtroom making the decision
- Collaborative lawyers and both clients sign an agreement which disqualifies them from representing their client if the collaborative process breaks down. This means they too are absolutely committed to helping you find the best solution by agreement rather than through conflict.
- It provides a dignified and non-aggressive way of resolving issues thereby allowing both clients to move on from the separation with self respect and the confidence that the right outcome was reached for them and their family.
All our Family Team are Collaboratively trained and are willing to discuss any aspect of the process with you if you have any questions. Feel free to contact Rachel Spencer Robb on 0113 336 3349.
Disclaimer: Anything posted on this blog is for general information only and is not intended to provide legal advice on any general or specific matter. Please refer to our terms and conditions for further information. Please contact the author of the blog if you would like to discuss the issues raised.