Collaborative Law; Divorce with Dignity
Collaborative Law is a process that has been active in America and Canada for some years but has recently attracted attention here.
It has been marketed under the name of “Divorce with Dignity”.
Collaborative Law is a process whereby you are provided with the best opportunity possible of achieving the best resolution you can for your family. This is achieved by taking away the confrontational nature which are usually involved in court proceedings.
The solicitors involved have been specially trained to guide you through every aspect of your divorce. Unlike court proceedings they do not focus on one issue at a time. The face to face meetings that are involved in the process represent your agenda and the issues that you wish to discuss. The same meeting can deal with:
- Children
- Matters of communication
- Finances
- Temporary arrangements
Because the process is controlled by the client it can limit both costs and acrimony.
Collaborative lawyers have access to a number of similarly specially trained professionals such as counsellors.
The aim is that a result is reached in a dignified and respectful way.
How does it work?
Rather than go through lengthy correspondence and litigation all discussions are in a four way face to face meeting. Your specially trained Collaborative lawyer will be with you at each of the meetings to help guide you through them and protect your interest. Discussions involve focus on you and your concerns.
The Collaborative Law process requires a commitment from both parties to be full and frank in their disclosure of assets and income.
You will be guided through each stage in the procedure with the help if necessary of financial advice from independent financial advisors.
There may be issues that require extensive advice on dealing with children issues. A trained Collaborative lawyer has access to specially trained professionals who can help.
Collaborative Family Law is not for every client but it is worth considering if you want to work within a process where both parties to the relationship treat the other with respect and in a non-confrontational manner. Where there are children involved they are the prime consideration and any agreement will be reached with their interests uppermost in the parties minds.
You will have some sort of relationship with your former partner indefinitely. If you consider it would be better to continue that relationship as amicably as possible, then Collaborative law enables you to discuss and agree arrangements. If there are difficulties and differences it gives you the opportunity to air them.
The benefit is that you are in control of the process. It moves at your pace and the outcome is one of which you approve. It is your marriage and the settlement must be yours.
If you do go to court and cannot reach an agreement a Judge will make a decision for you which may suit neither party.
It is different from mediation. A mediator cannot give either of you legal advice. They are only there to facilitate a result. If the mediator does manage to bring each of you to a conclusion you still have to go and see a solicitor to bring the matter to finalisation.
Collaborative Law is not for everybody. It may not be for you if:
- You believe your partner will withhold financial or other information
- You do not believe your partner has an ability to participate in good faith
- You do not believe your partner is determined to use the process to resolve issues
- You do not believe your partner can acknowledged the views and needs of others
