What is collaborative
law?
The collaborative family law process is a fairly new way of
dealing with family disputes. Each part will appoint his/her own
specially trained lawyer to engage in the “collaborative process”.
Rather than these solicitors then conducting negotiations on behalf
of you and your partner by letter or phone, you all agree to meet
together to work things out face to face.
Each of you will have your collaborative lawyer with you
throughout the entire process allowing you to benefit from legal
advice as you go. The major aim of collaborative law is to resolve
family disputes without the expense, delay or stress of going to
court.
The collaborative law method can often help you to improve
communication with your ex partner. This will benefit any contact
you will need to continue to have because of children.
Collaborative law is about finding the best solution for all the
family.
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How does the collaborative process
work?
Firstly, the collaborative process lets both parties meet
individually with your separate lawyers to talk about what to
expect in the collaborative meetings. Collaborative meetings are
also referred to as 'four-way' meetings, as they are meetings
between the four of you – you, your partner and your respective
lawyers. Beforehand, you will discuss with your lawyer what you
both need to do in order to prepare for the first 'four-way'
meeting.
Your lawyer and your partner’s lawyer will speak to each other
in order to plan for your first meeting.
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The first four-way meeting
At the first four-way meeting the lawyers will make sure that
you both understand that you are making a commitment to working out
an agreement without going to court and all four of you will sign
an agreement to this effect.
You and your partner will be invited to share your own
objectives in why you have chosen the collaborative law process.
You will all contribute to plan the agenda for the next meeting.
This will be unique to your own individual circumstances but might
typically include a discussion about how the children are
responding to the separation.
If time permits you may also go on to discuss how financial
information will be shared and agree as to who will bring what
financial information to the next meeting.
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Subsequent four-way meetings
Subsequent meetings will deal with particular priorities and
concerns raised by either you or your partner. For example, you
might look to involve other professionals such as a pensions and
financial planning specialist or a child psychiatrist who can
assist your children to understand and cope with the changes that
your divorce or separation will bring to their lives.
The meetings will offer opportunities for you to reach
agreements as to how your finances will be shared and arrangements
that need to be made for your children.
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The final meeting:
At the final meeting, documents which detail the agreements you
have reached will be signed. Your lawyers will talk you through
anything that needs to be done in order to implement those
agreements. Sometimes a strict implementation timetable will not be
possible, for example when the family house needs to be sold.
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How long does the collaborative process
take?
One of the benefits of the collaborative process is that it’s
not driven by a timetable imposed by the court. So for the most
part, the process can be built around your family’s individual
timetable and priorities.
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Is collaborative family law the best choice for
me?
Collaborative family law is not right for everyone and your
lawyer can advise you on the best process for you. Collaborative
law is worth considering if:
· You want a dignified non-aggressive resolution of the
issues
· You and your partner want an agreement that puts the
needs and interests of your children first
· You don’t want the costs and animosity generated by going
to court
· You would like to keep a good relationship with your
partner in the future
· You want to retain control over decisions about your
financial arrangements or children’s living arrangements but you
want advice from experts
· You do not wish to "hand over" such decision making to
either your lawyer or to a complete stranger (a judge)
· Your main aim in the process is not to "seek revenge" on
your partner
· You need the assistance of a lawyer to help you negotiate
in face to face meetings.
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