Collaborative Family Law – What is it and would it suit you?
The collaborative law process is about working with your spouse/partner and specially trained lawyers to find solutions that work for your family. It is designed to avoid the upset and expense of aggressive solicitors’ correspondence or lengthy court proceedings. By using this process, relationships can often be preserved which can be important for all involved, particularly those parenting children together.
To use the collaborative law process, you and your spouse will each choose a specialist collaborative family lawyer who will assess whether your case is suitable for this approach. You and your lawyer will meet your partner and their lawyer to sign a special agreement which sets out the ground rules for the process and stipulates that if either of you commences court proceedings, both lawyers can no longer represent you at court so you will need to find new lawyers – this means that it is in everyone’s interests to reach an agreement. Underpinning the process is an understanding that you and your partner (and your lawyers) will act in good faith in all of your dealings with one another and respect the fact that differences may need to be expressed to achieve a fair settlement. Negotiations take place at "4-way meetings", where you, your partner and both lawyers will meet to discuss the issues – you set the agenda for these meetings.
In situations where specialist advice is needed, for example financial advice regarding mortgages or pensions, a neutral fifth party can be brought into the process and their advice is shared at a meeting where questions can be raised.
Although the collaborative process tends to be more expensive than mediation (which is another way to resolve matters by working together with your spouse/partner) it has the advantage that your lawyer will be with you throughout the process and the costs tend to be significantly less than going to court.
Hannah Kelly is a trained collaborative lawyer.
If you want to discuss anything in this article, then please contact us.
