Collaborative Law is a new approach to family law which has been established by family lawyers to help families manage their separation, at a difficult time, in a dignified manner.
In this collaborative process the family lawyers and their clients agree in writing to reach a settlement without going to court. They agree to work together to resolve children and financial issues arising out of separation.
Collaborative lawyers are dedicated to helping their clients achieve their intentions for themselves, their children and their families, whilst trying to minimise the personal and emotional costs involved.
The goal of Collaborative Family Law?
- To assist you and your spouse/partner to resolve all matters arising from your separation in a respectful, honest and dignified manner to benefit the whole family.
How does Collaborative Family Law work?
- You and your spouse/partner each obtain separate collaborative family lawyers to assist you in managing and resolving your issues without going to court.
- Your collaborative lawyer will give you legal advice and guidance throughout, whilst working with your partner/spouse and their collaborative lawyer to achieve a settlement.
- Everyone agrees to work together in a respectful, honest and dignified way to try and reach a settlement, a good divorce/separation.
- Everyone signs an agreement stating that your collaborative lawyers will not be able to represent you at court if the collaborative process breaks down.
The Process
- You and your spouse/partner agree to try and resolve matters without going to court.
- A settlement is tried to be reached by you. Your spouse/partner and respective lawyers attend 4 way face to face meetings 2 of you and 2 lawyers.
- You and your spouse/partner will provide all information and disclosure as appropriate.
- You remain in control of the process, with your lawyers there throughout for advice and guidance.
What is the difference between Collaborative Law and Mediation?
- They are very different. In mediation there is one neutral professional who helps you try to settle your case. However, he/she cannot give you help, express your views, feelings or wishes.
- Mediation can be challenging if one party becomes unreasonable, emotionally distraught or finds it difficult to negotiate as this will cause mediation to become unbalanced.
- A mediator is prohibited from giving legal advice and cannot prepare court documents or finalise the process.
- Any settlement discussed during mediation is only legally binding once both parties have had the opportunity of obtaining independent legal advice and the agreement is transferred into a Consent Order which is then approved by a District Judge.
- If an agreement is reached your collaborative lawyer can act for you in any necessary court proceedings or other appropriate transactions to put the agreement into effect.
- In Collaborative Law, you and your spouse/partner each have you lawyer throughout the process to advice and advocate on your behalf.
If you have irreconcilable differences within your family and feel that you need a solicitor to take action then don’t hesitate to give us a call on 0800 294 4893 for our Milton Keynes office or 0800 294 4890 for our Northampton office. Alternatively fill out our online contact form. Our dedicated team of family law specialists are always happy to help.
