Collaborative Law
The Collaborative family law process is an alternative way of dealing with family disputes and can apply to both Family Finances and Children. Each person appoints their own Collaboratively trained Solicitor but instead of conducting negotiations between you and your partner by letter or phone and maybe then in a Courtroom if agreement cannot be reached, you meet together to work things out face to face in a non confrontational way. This is often a much better way of resolving a dispute as it avoids the stress and expense of going to Court whilst at the same time allowing you to maintain your dignity and self respect. The Collaborative process requires both parties and their Solicitors to enter into a written agreement that they will not go to Court and will collaborate to reach an agreement that both parties are happy with.
How Does the Collaborative Process Work?
You will both have your Solicitor at your side during a series of four way meetings. You will meet with your respective Solicitors and discuss the different options available to you, whether it be the traditional route of starting a financial application in the local County Court or the Collaborative route. If you (and your partner) decide the Collaborative process is for you what will happen next?
You will both meet individually with your separate Solicitors to talk about what to expect in the collaborative meetings which are usually referred to as 'four way' meetings as they are meetings between the four of you - you and your partner and your Solicitors. You and your Solicitor will discuss what you both need to do in order to prepare for the first 'four way' meeting. Your Solicitor and your partner’s Solicitor will then speak to each other either face to face or over the phone in order to plan for your first meeting.
The First Four Way Meeting
- At the first four way meeting the Solicitors will make sure you both understand that you are making a commitment to working out an agreement without going to court and you will all sign an agreement to this effect.
- You and your partner will be invited to share your own objectives in choosing this process and you will all plan the agenda for the next meeting. This will depend on your own individual circumstances but might typically include a discussion about how the children are responding to the separation.
- You will discuss how financial information will be shared and agree on who will bring what financial information to the next meeting.
Subsequent Four Way Meetings
- Subsequent meetings will deal with you and your partner’s particular priorities and concerns. You might, for instance, look at involving other professionals such as specialists in pensions and financial planning or people trained to assist children in understanding and coping with the changes that your divorce or separation will bring to their lives. The meetings will enable you to reach agreement on how the finances will be shared or what arrangements need to be made for your children.
The Final Meeting
- At the final meeting, documents detailing the agreements you have reached will be signed and your Solicitors will talk you through anything else that needs to be done in order to implement those agreements. Sometimes a firm timetable for implementation will not be possible, for example, if the family home needs to be sold.
How Long Does The Collaborative Process Take?
One of the benefits of the collaborative process is that it is not driven by a timetable imposed by the Court. So to a large extent the process can be built around your family’s individual timetable and priorities.
Collaborative Law and Greenes Solicitors
The Collaborative process can only be carried out by specially trained Lawyers accredited by Resolution. It is not suitable for everyone and is usually only appropriate where both parties indicate at an early stage that they are willing to enter into discussions in a non confrontational way.
Mark Lever is a qualified Collaborative Solicitor and would be pleased to discuss the available options with you.