New way to settle divorce cases
Collaborative law, a new way for lawyers to settle divorce cases, is gaining momentum in the South West but needs more involvement from accountants and independent financial advisors.
Collaborative law takes the decisions away from a court and puts it in the hands of the divorcing couple. Lawyers and their clients agree in writing to resolve the issues over children and finance without court involvement. If no settlement is reached then new lawyers are instructed for court proceedings .
Meetings to reach a settlement always involve both partners, and their lawyers are present to offer advice. They may ask other experts to be part of the team, such as child specialists and ’financial neutrals.’
Maggie Roberts, family lawyer specialist at South West law firm Foot Anstey explains “Relationship breakdowns always involve emotional and financial costs. Experience shows that decisions made personally by divorcing partners are more likely to be effective and last longer than ones decided by a judge in the court.
“Collaborative law means the couples themselves make the decisions but often they need to understand their financial situation. We can appoint a ‘financial neutral’ who looks at their finances and explains to all parties the implications for their decisions. At the moment there is a shortage of these advisors but there is a training course at the end of February at Dartington to train more accountants and independent financial advisors for this role.”
Published 21/02/2007
