How Does Collaborative Law Work - By: Tim Bishop

Collaborative law offers an alternative to the often drawn out and costly process of seeking a divorce through court. Over a series of face to face meetings, a couple can discuss their differences and issues related to a divorce, in order to reach a fair and final settlement to have a divorce granted.

Within the meetings, both parties' lawyers are present, and can offer legal advice and discuss different points with their clients at each stage of the process. With a focus on constructive and amiable dialogue, collaborative law is a new alternative to a traditional divorce.

Prior to meetings starting you will meet with your lawyer to go through the agendas for the meetings and discuss your negotiation plans. Your partner will do the same. After these meetings, the lawyers arrange a date and venue for a first meeting between all parties - keeping the emphasis on face-to-face discussions means that both phone and post correspondence are minimised.

At a first "four way" meeting, a contract agreeing not to take a case to court will be signed-if agreement cannot be reached and a case is subsequently taken to court, yourself and your partner will have to appoint a new legal adviser. Lawyers must stop representing their clients if they think that they have acted in bad faith, such as by witholding financial information.

Full financial disclosure must be made by both parties - external professionals such as financial advisers can become involved to help settle money issues, whilst marriage guidance counsellors can help with emotional issues.

A vital part of the collaborative process is keeping the relationship between the divorcing couple functioning, particularly if children are involved. Collaborative law puts children at the centre of discussions - it differs from a court as the responsibility is on both individuals to keep the negotiations going, and to stay in control of their affairs. No judge is involved in reaching a final settlement - once the agreement is reached and signed by the couple involved, their lawyers will sent the paperwork to court for approval to formally end the marriage. Nobody has to go to court for this declaration.

Collaborative law aims to give the couple control over their financial and personal decisions, by negotiating, with outside help, a settlement - this means that they will be able to avoid going before a judge. Collaborative law sets up a settlement between a couple that will last by allowing them to set the agenda themselves - this means that they can move on with their lives post marriage, with all the recriminations and bitterness of the relationship placed in the past.

About the Author

Bonallack & Bishop are expert Family Law Solicitors with significant experience of both Collaborative Law and Family Mediation. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in the last 12 years and has firm plans for its continued expansion.

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