Collaborative Law - A Solicitors Guide - By: Tim Bishop

Collaborative law, with its emphasis on discussion and the reaching of an out of court settlement, can offer a non confrontational solution to ending a marriage. The collaborative law process can work as follows:

1. You will have a meeting with a collaborative lawyer - lawyers must have had specific training in the collaborative process - in order to state your intention to embark on the process. Your partner must also approach and instruct a collaborative lawyer.

2. Respective lawyers can then arrange a first meeting, whilst you will hold separate discussions with your lawyer to prepare for this before meeting with your partner and their lawyer. These are known as "four way" meetings.

3. During a first meeting, an agenda for discussions will be set, as well as points relevant to both yourself and your partner. Points to raise at future meetings can also be brought up and noted, as at each meeting, minutes will be taken.

4. Also included in the initial meeting is an agreement that both parties sign, which promises that they won't take the case to court and lays out the level of confidentiality that both parties will keep to. A full financial disclosure is required as a condition of undertaking collaborative law, and discussions are held "without prejudice", meaning that they cannot later be used in any court proceedings.

5. Throughout the process, external people such as social workers or accountants can be introduced to help form the agreement to suit all parties' interests.

6. Correspondence between lawyers is kept to minimum during the collaborative law process, so maintaining dialogue and forming a balanced agreement to make a final settlement is encouraged.

7. If children are involved in the divorce, their interests are put at the centre of any settlement reached through the collaborative process. Keeping a workable relationship post marriage is seen as important in the process, particularly in emphasising parenting responsibilities.

8. Whilst collaborative law may be an option for many couples, in cases where an injunction against one partner or another is in place, or a legal claim needs to be tested in court, collaborative law should not be undertaken.

9. Once an agreement has been finalised, and signed by all parties, lawyers for yourself and your partner can file the appropriate paperwork with a court, in order to gain final approval to end the marriage. In bringing about this swift ending, collaborative law can offer the opportunity for you to move onto the next phase of your life.

About the Author

 Tim Bishop is senior partner at Bonallack & Bishop, a firm of specialist Divorce Law Solicitors with experience in Family Mediation and Collaborative Law. He is responsible for all major strategic decisions and has grown the firm by 1000% in the last 12 years.

Article Directory Source: http://www.articlerich.com/profile/Tim-Bishop/62652

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