Is Collaborative Law Right for You? - By: Tim Bishop

Nowadays, high legal costs and court hearings are the first things to come to mind when thinking about divorce. With collaborative law, the emphasis is on understanding and discussion, rather than accusation and confrontation as both parties seek to reach a settlement out of court. If you want to end your relationship in a calm, smooth manner, through dignified communication you should consider seriously the collaborative divorce process.

Collaborative law differs from mediation as both parties' lawyers are present during the meetings and will advise on the negotiations. Outside parties, such as financial advisers and social workers, can be brought into discussions, in order to discuss the finer details of an agreement, such as the way to explain the divorce to children. If you want to remain in control of the process and avoid an external court judgment that might go either way, then you should consider collaborative law.

Collaborative law involves two lawyers, fully trained in the process, representing those involved, so you will still incur legal costs, more so than with mediation. However, lawyers place great importance on arranging face to face meetings, and in comparison to a process of letters and phone calls with a traditional divorce case, meetings are encouraged to be as amicable and understanding as possible. To end the marriage as quickly as possible, if you give a full financial disclosure to your partner and their lawyer, any splitting of assets can be done in a final settlement.

Collaborative law aims to move things forward through step-by-step negotiations rather than facing each other in a courtroom. Meetings are documented and you have individual meetings with your lawyer to decide what you would like to discuss in your next meeting. Particularly where children are concerned, negotiations focus on putting them first, and in maintaining a working relationship with your partner in order to carry out your parenting responsibilities. However, if a legal claim is needed to be put before a court, or an injunction, such as a restraining order on a partner is in place, collaborative law should not be undertaken.

A collaborative divorce case focuses on productive and civil discussion, rather than a circle of stress and blame often associated with the end of a marriage. Legal advisers can help you through each meeting, and place no pressure on you with time frames, such as is the case in court hearings. Multiple court appearances increase the cost of divorce cases, and the prolonged process can often be detrimental to a couple's health, as well as their finances.

Collaborative law aims to help you focus on the future, and offers you the chance to reach a final, mutually agreed settlement without going to court.

Collaborative law is not right for everybody - but for those who suit it, appointing an experienced collaborative law solicitor can really make the whole divorce much less painful.

About the Author

Tim Bishop is Senior Partner at Bonallack and Bishop (http://www.bishopslaw.co.uk ), a firm of Andover Divorce Solicitors with an experienced Collaborative Law Team. He is responsible for all major strategice and has grown the firm by 1000% in 12 years, with firm plans for continued expansion.

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