Collaborative law is a solution for separating couples who wish to avoid an acrimonious and lengthy Court process.
The breakdown of a relationship, regardless of the circumstances in which it happens, is often very stressful. The aim of the collaborative process is to minimise that stress whilst also helping you and your partner or spouse to agree what will happen regarding the care of your children, where you will live and how the assets can be shared to enable you both to have a home.
Not all circumstances will be suitable for the collaborative law process but it is appropriate for those individuals who:
- want to avoid the stress and expense of the Court process;
- are committed to reaching an amicable agreement;
- wish to find a solution that is in the best interests of their children and one which results in a fair outcome.
There is a requirement for there to be full and frank disclosure of financial information and, of course, honesty throughout the process.
You and your partner or spouse would need to separately meet with a collaboratively trained lawyer to discuss your situation. This might include issues surrounding children, property, financial provision, businesses or pension arrangements. The meeting is to find out about you and any worries you may have and ensure the process is right for you. Your collaborative lawyers would then make contact with each other to consider the issues, prepare an agenda of the things to be discussed. There will be a series of four way meetings at which you and your partner or spouse will attend with your collaborative lawyers to sit around a table and discuss matters. The process is designed to be respectful of all involved and is completely flexible.
With the help of your collaboratively trained lawyers, you will be able to retain control of your situation whilst also being able to find creative solutions which may not necessarily be achieved if you were dealing with matters within the scope of the court process. It is also much quicker and cost effective than formal contested court proceedings.
The simple fact is that a commitment to fairness results in fair outcomes. At Cripps Pemberton Greenish, our collaboratively trained lawyers have extensive experience and if you wish to discuss this or any other aspect of your separation further, please contact Vanda James who is a Partner in our Family Team.
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