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Divorce Day - 17th January

14/01/2011

Monday the 17th of January is set to be the busiest day of the year for divorce lawyers (if you believe the press!).

DIVORCE may well be on the minds of many couples in Bolton as the start of a New Year offers a possible fresh start to their lives. Each year around 136,000 divorces are granted in the UK, often battling it out in Court involving high emotions and deep family rifts.

But there is an alternative which could be friendlier and quicker than going to court. “Collaborative Family Law” involves specialist lawyers and their clients agreeing in writing to reach settlement without court involvement, and to work together to resolve children and financial issues arising out of the separation.

Nick lewis, accredited collaborative lawyer at KBL Solicitors says “Many experienced matrimonial layers have become disillusioned with the confrontational nature of divorce and its consequences, either financial or on the children.”

“Normally, in a potentially acrimonious divorce, both sides instruct their own solicitors and barristers. This often encourages clients into entrenched positions from which it is very difficult to emerge. As a result, couples may come out at the other end of the process still feeling that there are important issues which have not been addressed. They may well feel they have lost control of the process and been swept along by it.”

And the ultimate loss of control is when the matter comes into court before a judge. “At that stage, any control that you have is completely taken out of your hands and left in the hands of the judge,” added Mr Lewis. “Unfortunately, different judges have different viewpoints and, whilst they will all try to be fair to each of the parties, there could be considerable variation of results between their handling of the same case.

Collaborative law offers another way to reach agreement, with solicitors and couples working together in the same room without the need for costly and stressful court battles. It isn’t a soft option and it isn’t suitable for everybody. But it is worth seriously considering, if you are unlikely to resolve your family dispute fairly.

For more details about collaborative law contact Nick Lewis at KBL on 01204 527777 or visit the website kbl.co.uk.