Collaborative law

Why breaking up needn’t be so hard to do

For around 120,000 couples in England and Wales every year, divorce is a reality they have to face up to. However, does separating from your spouse have to be an acrimonious affair, fraught with arguments, conflict and mud-slinging?

Can there be such a thing as a ‘happy divorce’?

It’s a sad reality of our times that 42% of marriages end in divorce, with nearly half of these involving children. Rather than facing lengthy and expensive courtroom battles that can take an immense toll on your family, time and emotions, there is an alternative.

The collaborative approach has been developed for couples who seek to separate but not in such a way that causes acrimony and long lasting bitterness

What is the collaborative process?

Under the collaborative process, each person appoints their own collaboratively trained solicitor and through a series of round table meetings work together to resolve the issues that have arisen following the breakdown of a relationship, in a constructive and non-confrontational way, without having to go to Court.

Both solicitors and clients sign a Participation Agreement, which provides that if the parties are unable to reach a settlement, the solicitors withdraw from the case and the parties will seek new solicitors. This ensures that everybody is fully committed to the process and gives everybody an incentive to reach an agreement through collaborative discussion.

What are the benefits of collaborative law?

• It reduces hostility and encourages communication with spouses and solicitors working closely as a team. Important especially when you hope to remain amicable with your ex-partner, and need to work together to co-parent.
• It is not driven by the timetables imposed by the Courts so the process can be built around your family’s needs and priorities.
• It is easier to identify quickly what the issues are and to sort them out.
• You can be more creative in finding solutions when sitting around a table and be more constructive about what will work for your family.
• You remain in control of the process rather than handing over such important decision making to your solicitor or to a complete stranger (a judge)

Is collaborative law suitable for everybody?

The collaborative process is not suitable for everyone and it is best to discuss all your options with your solicitor. The collaborative process will not be suitable for any body looking to seek revenge against their spouse or seeking aggressive representation.

How is collaborative law different from mediation?

Within the mediation process your solicitor would not accompany you to the mediation appointments. The mediator is there to facilitate you both and will advise you each to seek your own independent legal advice. One important difference is that anything that is agreed during the mediation process is not binding and will only become binding once you had both had the option of seeking legal advice and the agreement has been incorporated within an order of the Court, which would be drafted by a solicitor. The same solicitor could act for you in the collaborative process and the subsequent divorce proceedings.

Mediation may be a cheaper option in comparison to the collaborative route and this is something that should be kept in mind but ultimately this will depend on the number of meetings and level of representation you are seeking. Both the mediation and collaborative process are likely to be considerably cheaper than the traditional Court option.

How much will collaboration cost?

If you’re looking to discuss a divorce, please do not hesitate to contact us. We offer a free initial consultation with no obligation. During this initial meeting, we will get to know you whilst familiarising ourselves with your case. From there, we are able to signpost, discuss the services we can provide for you and the steps involved and discuss fees so that you have a clear understanding of what your costs will likely be from the outset.

Please note our free initial appointment is a consultation service where we signpost our services for you. If advice is required, this will be chargeable at the rates discussed in your initial consultation.

Click here to arrange your free initial consultation, or call our Alton office on 01420 544 273 or our Chichester office on 01243 850 860.