We are all being told to be kind to others and ourselves.
This can be particularly difficult if, as a result of the Covid-19 pandemic, you have found your relationship, marriage or civil partnership has come to an end.
However, it is not impossible, and collaborative law offers one way of achieving a fair result for you, your partner and importantly, your children.
Deborah Marsh, associate and collaborative lawyer in the Family Law team at Wake Smith Solicitors, discusses how using this approach works for many.
“Collaborative law is being used more frequently for the resolution of family issues such as divorce/dissolution, financial agreements and child contact arrangements.
“A settlement is reached in a non-confrontational manner based upon co-operation between parties and the use of collaboratively trained lawyers in face-to -face meetings.
“The model is based around a couple’s agreement to resolve all issues surrounding their separation without going to court.
“Both parties and both solicitors sign an agreement formalising their resolution in favour of this route and their commitment to stick to it.”
Benefits of collaborative law for a divorce or end of a relationship:
- More dignified than the traditional divorce/dissolution process
- Control is maintained rather than handing over to judges
- Avoids the uncertain outcome of court
- Ensures a fair outcome for both parties and their children
- Minimises negative emotional impact on the couple, any children and other family
- Offers the best chance of maintaining an amicable relationship
- Potentially more cost effective – usually shorter with less professional costs and no court costs
- No court timetable so better pace of discussion
- Best meets the specific needs of both parties and their children regarding a settlement without the underlying threat of litigation
What’s the difference between mediation and collaborative law?
Deborah added: “Both are based on principled negotiations. Mediation is where both parties meet with one neutral mediator who cannot provide legal advice.
“Collaborative law involves each party instructing their own collaboratively trained lawyer for each session, and both lawyers working together to assist the parties, offering legal advice when required.
“All issues are discussed in meetings, the same as the mediation process, but the difference is there are four people instead of three: the two parties and their lawyers.”
Collaborative law can also be used for agreeing the terms of a pre or post nuptial or cohabitation agreement, especially important when there are children involved and, taking away the stress and worry about what may happen if the couple separate.
If you feel that collaborative law is the right choice for you, Wake Smith’s collaborative lawyer Deborah Marsh can discuss the process in detail with you. Call 0114 266 6660 for further details or email [email protected]
