Collaborative Law - How It Helps Thousands Of Divorcing Couples

Collaborative law offers an alternative to the often drawn out and costly process of seeking a divorce through court

. Over a series of face to face meetings, a couple can discuss their differences and issues related to a divorce, in order to reach a fair and final settlement to have a divorce granted.

Within the meetings, both parties' lawyers are present, and can offer legal advice and discuss different points with their clients at each stage of the process. With a focus on constructive and amiable dialogue, collaborative law is a new alternative to a traditional divorce.

Prior to meetings starting you will meet with your lawyer to go through the agendas for the meetings and discuss your negotiation plans. Your partner will do the same. After these meetings, the lawyers arrange a date and venue for a first meeting between all parties - keeping the emphasis on face-to-face discussions means that both phone and post correspondence are minimised.

At a first "four way" meeting, a contract agreeing not to take a case to court will be signed-if agreement cannot be reached and a case is subsequently taken to court, yourself and your partner will have to appoint a new legal adviser. Lawyers must stop representing their clients if they think that they have acted in bad faith, such as by witholding financial information.

As part of any negotiations, full financial information for both parties must be disclosed, and other trained professionals, such as a marriage guidance counsellor, can be brought in to help in discussing and settling emotional and financial issues.

Collaborative law is aimed at maintaining a functional relationship between a divorcing couple, particular where children are concerned. Collaborative law puts children at the centre of discussions - it differs from a court as the responsibility is on both individuals to keep the negotiations going, and to stay in control of their affairs. In coming to a final settlement, no judge will be involved, and once an agreement is reached and signed by a couple, lawyers can then submit paperwork to a court for approval, and to formally end a marriage. Neither party need attend court for this declaration.

In helping parties maintain control over financial and personal decisions, collaborative law seeks to empower a couple over a court, in that they negotiate, with outside help, to reach a settlement without appearing in front of a judge. Collaborative law sets up a settlement between a couple that will last by allowing them to set the agenda themselves - this means that they can move on with their lives post marriage, with all the recriminations and bitterness of the relationship placed in the past.

by: Tim Bishop

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