Collaborative divorces differ from divorces gained through a court in several ways. Firstly, court divorces can be very lengthy and expensive, but in collaborative law a couple can debate their issues and differences in a series of face to face meetings to make sure that they reach a fair final settlement.
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. Following these meetings, your lawyers will arrange a time and place for a first discussion, and with the emphasis on face to face discussion, correspondence, via phone or post, is kept to a minimum.
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. Legal advisers must also withdraw from representing a party if they believe they have not acted in good faith, for example, if they are believed to have lied in disclosing 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. Collaboration places children at the heart of discussions, and unlike a court, the emphasis is on both parties to control negotiations, and to take charge of their own 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. Neither party need attend court for this declaration.
In helping parties maintain control over financial and personal decisions, collaborative law seeks to empower a couple over a court, in that they negotiate, with outside help, to reach a settlement without appearing in front of 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.
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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.
