What is collaborative family law?
Many couples going through a relationship breakdown find that they cannot comfortably discuss their options with each other. A high emotional state is often accompanied by a lack of trust and an inability to communicate effectively. The collaborative family law process helps couples find a better way of interacting and enables them to come up with their own solutions to their problems, instead of solutions imposed by others.
In the collaborative family law process you appoint your own lawyer but negotiations are only conducted at meetings at which you and your lawyers are present. The meetings will usually take place at the offices of one of the lawyers where you will sit down together to work things out face-to-face, rather than through letters or over the phone. As you each have your lawyer by your side throughout the process, you will have their support, ideas and information when you need it.
As collaborative lawyers we sign an agreement with the couple that disqualifies us from representing our clients in court if the collaborative process breaks down. That means we are absolutely committed to helping you find the best solutions by agreement, rather than through conflict.
During the meetings, the lawyers may suggest other help, such as financial advice, or support for your children. A mutually acceptable neutral advisor may then join the discussions to help with information and advice. Sometimes only a couple of meetings are needed, but usually it will be four or five. These meetings follow agendas set by you and your spouse, former partner or civil partner.
The outcome will be down to you and your partner and not up to a judge. Once a set of proposals is agreed, the lawyers can incorporate it into a legally binding document. It is a dignified process and it can be a quick way of negotiating. It is cost effective when compared to the adversarial court process.
If you choose this option, make sure your lawyer has had Resolution training in collaborative law. We have four collaborative lawyers in the family practice, giving us considerable expertise.