Collaborative Family Law And Divorce

Collaborative family law is a relatively new process designed to deal with family disputes

. It can work particularly well if you and your partner are getting a divorce. Rather than work out the details of the divorce with phone calls and letters between your lawyers you all meet face to face and resolve any issues. Using this technique means a divorce can be completed without having to involve the courts.

Both parties still engage their own lawyer, so they both still get independent legal advice that makes sure each party is fully aware of their rights. Initially, each party meets with their own lawyer privately. If it is agreed to use the collaborative law process then a 4-way meeting is set up for both partners and their lawyers to attend. Before this meeting your lawyers explain the procedure and what you can expect at the meeting, so you will be well prepared.

At the first meeting the lawyers will establish that all those present understand the process and agree to it. You will then sign an agreement to the effect that you are seeking a resolution or agreement that avoids going to court. You will then agree the terms and format of the next meeting, including who will bring what information to the next meeting, e.g. financial details.

There may be several subsequent meetings at which details of the final divorce will be agreed. This includes financial arrangements, and arrangements for any children you have. Once you have come to an agreement your lawyers will draw up the agreement and schedule a final meeting.

At the final meeting the agreements will be reviewed and explained then signed. If any further action is needed then the time scales, and who will carry out these actions will be agreed.

To get a divorce using collaborative law you need to each find a lawyer who is experienced in the technique. Resolution accredited lawyers are all trained in this method, they have learnt how to help clients come to an amicable agreement. The divorce process is, therefore, usually less combative and stressful as a result. If you have children this can make a big difference to how they cope during the divorce and afterwards.

by: Martha Reed

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