Why breaking up does not need to be so hard to do.

When people break up they often prepare themselves for a long drawn out unpleasant battle. Unfortunately there are cases that can be like that however if the parties agree to use the collaborative process it does not have to be like that.

In the normal adversarial system both parties get a solicitor divorce papers are issued, mediation is attempted and then court dates are listed for financial and children matters. With collaborative law each party still has their own solicitor but instead of matters being dealt with by letter, emails and then court, if no resolution is found, the parties meet face to face to work through the issues. The aim is to work things out without the threat of court proceedings. Both parties sign up at the start of the process confirming that they will not take the matter to court. If they change their mind and want to go to court you have to change your solicitors as the ones you currently have working with the collaborative process are not allowed to represent you in court proceedings. This is designed to concentrate the parties minds as no one wants to start again with a new legal team if it can be avoided.

The collaborative process is quick and flexible. An average divorce with children and financial matters can take about 18 months. The collaborative process can be resolved as quickly as the parties can obtain the information and schedule meetings. The last case I did we resolved in 6 weeks. Instead of the parties wanting to tear strips off each other the process encourages a resolution that works for the family as a whole. A meeting agenda is agreed upon and anything can be discussed. The parties are assisted in exploring possibilities that are right for their family in a non confrontational way. Breaks can be taken for the parties to be given individual legal advice at anytime to help reach an agreement. My clients have said that unlike mediation where one party often feels the mediator was not on their side, the collaborative process made them feel protected and represented which helps the matter settle earlier. The parties reach the agreement with assistance so nothing is forced on them. The parties then have an agreement that they feel happy with, one that they can see can work for them which will make it easier to implement than one that is forced upon you by a judge.

Collaborative solicitors are members of resolution who specialise in amicable divorces. We work together on the cases for the benefit of the family. We will recommend to the other party our colleagues that we work well with as this relationship helps the process. Clients think that to achieve the best result they must have a solicitor who will be aggressive to represent them. In some cases this is correct however in the vast majority of cases what clients need is someone sensible which is why the collaborative process is so successful.

If you want to separate in an easier way then please call me on 07443 524 453