Collaborative Law - A Civilised Divorce?

05-Jan-2012 For lots of couples the “Blue Monday” return to work brings more than the usual post-Christmas blues. The weeks after Christmas are usually the busiest of the year when couples decide to divorce.

Costs are an issue for anyone contemplating a divorce but even more so given the current economic climate. The matrimonial home is usually the largest asset in a marriage and many couples have postponed taking action in the hope that there is an improvement in the housing market. Unfortunately, the housing market remains static which leaves many couples in a situation where they have no other option but to remain living together whilst divorce proceedings are ongoing. This is not an ideal situation and therefore the route that a couple decide to take in relation to the divorce proceedings and resolving any financial issues needs to be assessed very carefully.

Many couples assume that a divorce is all about the lawyers point-scoring against each other and phrases such as “take him for all he’s got” or “I’ll make myself bankrupt before she gets a penny” are common themes. However, times have changed significantly and any Resolution family lawyer will advise that this is exactly how NOT to approach a divorce. It is not good for the emotional well-being of the parties and more importantly, of any children of the marriage who invariably witness the acrimony.

The government introduced significant changes in 2011 placing significant emphasis upon alternative routes to litigation. One of those routes is Collaborative Law. Whilst this is not a new phenomenon in the UK, it is still one that is still under-utilised but which offers couples the option of minimising acrimony, confrontation and legal costs.

One of the key principles of Collaborative Law is that the divorcing couple, their lawyers and other professionals (if appropriate) such as accountants, financial advisors or counsellors, all work together to resolve the problems that arise from the breakdown of a relationship. Both parties instruct their own lawyer but instead of negotiations being conducted by the traditional method of telephone or correspondence, discussions take place face-to-face. The pace of those discussions is set by the couple, but on average matters are usually resolved within 3-4 meetings. The idea is that everyone works as a team in a process that is completely transparent and lines of communication are open.

The key difference between a collaborative divorce and traditional litigation is that the separating couple are in full control.

To discuss how we can assist you contact Lisa Kemp

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