How Collaborative Law Makes Divorce Fairer

Divorce cases are traditionally seen as bad tempered

, riddled with anger, bitterness and high legal costs reaping heavy emotional and financial damage across a couple concerned, and their family. With extensive paperwork, and waiting times of many months for court appearances, a divorce process can destroy what was left of a couple's functioning relationship in a marriage. However, collaborative law can offer an easier route to ending a marriage in an amicable manner.

Collaborative law, seen in the UK since 2003, offers the chance for a couple to settle their differences through a series of face to face discussions, known as "four way" meetings, in which both spouses' lawyers are present throughout. In preparation for such meetings, each partner will hold separate talks with their lawyers, in order to discuss points to raise. Correspondence between opposing lawyers is kept to a minimum, while at a first meeting, parties concerned will sign an agreement stating that they will not take a case to court. They will also agree to a full and frank financial disclosure, and to keep negotiations confidential. If an agreement cannot be reached, both partners must appoint new lawyers, as collaborative lawyers cannot act for their clients in a court hearing. Such a structure makes seeking a final settlement incentivised, speeding up the divorce process from the traditional route.

Divorce cases often result in anger and sadness with any remaining good feelings between a couple destroyed. With collaborative law, a focus is put upon maintaining a functioning relationship between a couple outside of marriage, particularly where children are concerned. The collaborative law process means that the couple can keep control of their decisions, as opposed to having a judge make the decisions for them. Although collaborative law divorces are still legal processes that have a cost, settling the divorce outside of court can be good for both people involved. Decisions on asset splitting and other financial provisions can be made with the help of outside professionals such as financial advisers, whilst respective lawyers are on hand to offer legal guidance throughout the process. Collaborative law also differs from a court process in that there is no set time frame in which the divorce has to be settled - thus giving the couple the chance to proceed at their own pace, which often helps in negotiations.

An out of court settlement can be the best way for a couple to move onto the next stage of their lives, and collaborative law, with its structure around face to face discussion and problem solving, can make a swift divorce a fair and satisfying conclusion for both parties.

by: Tim Bishop

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