Collaborative Law
Good family lawyers have always avoided contested court proceedings where it is right to do so, recognising that acrimonious and expensive litigation does not help people come to terms with the end of their relationship and the dismantling of their family unit.
Collaborative Law takes that good practice several stages further.
What is Collaborative Law?
- The Collaborative Law process involves specially trained lawyers working with their clients and each other in a series of 4-way meetings to reach a negotiated settlement. It is a formal process which is the subject of a participation agreement and clear agenda/agendas where Court proceedings are expressly prohibited from the outset (save to obtain a decree of divorce and an court-approved financial order).
- If experts such as accountants, IFAs and pensions specialists are needed, they are brought into the process as financial “neutrals” ie not acting for one or other of you but to assist you both. The cost is shared between you.
Face-to-face meetings are often challenging in the context of a relationship breakdown but most couples opting for this process are willing to deal with that because they would rather be masters of their own destinies than find themselves in an impersonal and acrimonious court setting. There is much greater scope for coming up with an imaginative and tailor-made financial agreement in this process than at court, where a judge has limited time to restructure an entire family’s financial life.
What issues can be resolved within the Collaborative Law framework?
- Helping couples who are starting out with Cohabitation and Pre-marital Agreements– Collaborative Law is not just for break-ups!
- Family finances if a relationship ends, for both cohabitees and spouses
- In some cases, disputes about children after a separation can benefit from the collaborative approach
Who Might Benefit from Collaborative Law?
This approach is particularly beneficial if :
- You or your partner have substantial or complex assets which require “lateral thinking” and imagination
- You want to talk face to face with you spouse/partner to short-circuit “litigation by correspondence” or the adversarial court process
- You want to try to determine your own futures and not have a judge do it for you
- You want to still have your lawyer to advise you but feel that with some time and careful thought, you may be more than able to work out an agreement
Our People
Foot Anstey has 4 trained Collaborative Lawyers already. Call them to find out more:
Yvette Rooke Maggie Roberts Peter Shaw Greg Yates
Visit www.collablaw.org.uk for further information
