Collaborative Divorce

Collaborative Divorce

Collaborative divorce enables a divorcing couple to work through their issues constructively and amicably, with the support of their specially trained collaborative divorce lawyers. It is an out-of-court, non-confrontational approach that facilitates a swift, cost-effective resolution of the matters that fall to be dealt with when your marriage ends.

Our family law solicitors understand the stress a marriage breakdown places on all involved, especially the children. They always strive to use the least acrimonious method of dispute resolution appropriate in the circumstances to limit any ongoing animosity and enable the family to begin rebuilding their lives and focusing on a positive future. They will advise if your circumstances are suitable for the collaborative divorce process, and if so, talk you through the procedure and what to expect.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

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What Is Collaborative Divorce?

Collaborative divorce is a voluntary dispute resolution method that a divorcing couple may use as an alternative to litigation, family law arbitration, family mediation or arms-length negotiations between their respective solicitors.

The collaborative divorce process involves the parties and their respective legal representatives sitting down together and seeking an amiable resolution of their issues. The meetings are often referred to as ‘four-way meetings’. There is no court involvement, and the parties can openly discuss their feelings in a safe space, away from the scrutiny of a Judge.

Each party and their solicitor must sign an agreement stating their intention to work towards a fair settlement and not to seek the court’s assistance unless by agreement.

What Are The Advantages Of Collaborative Divorce?

When both parties are committed to cooperating with each other, discussing matters honestly, and resolving their issues amicably, the collaborative family law process offers many advantages. They include the following:

• The collaborative process is more cost-effective than litigation.
• You control the process. You are not bound by the court’s timetable and can move at your own pace.
• It facilitates honest and frank discussion. The parties can speak openly in a safe, cooperative space.
• It is less stressful than litigation and can feel less formal than other forms of alternative dispute resolution.
• It is quicker than litigation.
• It is private; all discussions are entirely confidential.
• You have a specially trained lawyer by your side throughout the process, helping you decide what is best for you and your family.
• It is better for your children. Seeing their parents cooperating with each other rather than adopting a combative approach can help your family adjust to their new norm and lessen the potentially negative impact of your separation.
• You can call on the help of other professionals, such as those with the skills to assist you and your ex-partner in dealing with the emotional aspects of your divorce. These professionals can sit in on the meetings or give their input in other ways.
• It allows the parties to discuss their future, which can be particularly pertinent when you have children.
• When you reach agreement, your solicitors will draw up an agreement to submit to the court for approval. You do not need to attend court at all, which can be a great relief for many.

What Are The Disadvantages Of Collaborative Divorce?

Whilst the collaborative family law process offers many advantages over a traditional divorce, there are some disadvantages that you must be aware of when deciding whether it is the right option for you. They include the following:

• Both parties must be committed to achieving an amicable resolution. This involves setting aside any resentment and desire for revenge, which can be difficult to do in the aftermath of a marital breakdown.
• You need to trust that your ex-spouse will be open and honest, particularly in relation to their financial position. If you don’t, the collaborative family law process might not be for you.
• The truth of your ex-partner’s assertions will not be tested by the court.
• Whilst your collaborative divorce lawyer will be by your side, you must be prepared to discuss the issues with your ex-partner.
• There are no guarantees that the collaborative divorce process will work. If it doesn’t, you will need to start again with new lawyers and try another dispute resolution method to resolve the issues arising from your divorce. This can mean additional expense and delay. However, these risks can sometimes be the impetus the parties need to fully invest in the process.

Is Collaborative Divorce Right For You?

Collaborative divorce can be an ideal solution in some cases, but it is not right for everyone. Whether it is appropriate in your circumstances depends on several factors, including the willingness of the parties to embrace the process, the state of your relationship and your ability to cooperate with your ex-spouse and vice versa. Our family law solicitors will discuss the collaborative divorce process alongside the other methods of dispute resolution available and help you decide which is best for you.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

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