Collaborative Law
We can offer you the opportunity of working together with your former partner to reach agreement though a method known as Collaborative Law. Kerry Larbalestier is our Collaborative Law specialist.
Collaborative Law differs from a more traditional approach because you and Kerry will meet with your partner and their Collaborative Lawyer to try and work together on solutions to the problems posed by separation. This is usually referred to as the four-way meeting.
The difference in approach is summed up by saying you will work with Kerry to reach a solution with your ex-partner rather than dealing through Kerry. Traditional correspondence will put forward a client’s instructions, a response comes back on which further instructions are needed, and the client’s instructions are then sent by further response until either an agreement is reached or the matter has to go onto Court. Collaborative Law will not rely on exchanges of letters to reach an agreement but on a series of four-way meetings.
The Collaborative process is not suited to everyone, but is an alternative to more traditional approaches. You will need to genuinely want to make the process work and be willing for example to talk frankly about your finances. You also agree not to threaten to go to Court on the basis you and your ex-partner want to try and reach mutually acceptable decisions and do not want a Judge deciding your futures for you
Where needed other experts can be brought in to help, for example to help plan financial arrangements.
What this means is you have the time to meet with your former partner and reach the best solutions for you and your family. You are each supported by your specially trained Collaborative Lawyer throughout the process. If you are a married couple you can agree on whether you wish to divorce or agree the terms of a separation agreement. Please note that if you decide to proceed with a divorce, in addition to any agreement reached and recorded in the Collaborative agreement, some work has to be done through the Court to formalise matters. The crucial point is it is all done by agreement. If you decide to proceed with a divorce you can agree who will present the divorce petition, and on what grounds, agree the arrangements for the children and agree the terms of a Consent Order regarding financial arrangements.
Similar provisions will apply to those couples who entered into a Civil Partnership.
If you are an unmarried couple who have separated then it will not be necessary to go to Court to formalise the agreement reached in Collaboration. The agreement will be part of the Collaborative Process.
More details, including comments from people who have resolved their family arrangements with the help of Collaborative Law, can be found on www.collabfamilylaw.org.uk. In addition further information can be found on www.resolution.org.uk.
Please click on our notes listing what you should bring to a First Meeting