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Introducing a non-confrontational approach to resolving matters when a relationship breaks down. It is an unfortunate fact of life today that divorce and relationship breakdowns happen daily. The cost of the relationship breakdown is not merely financial, though anyone who has been the process will recall how costly litigation (Court battles) over the division of assets can be. The real cost is the personal and emotional turmoil and distress that invariably accompanies the end of a relationship.
Collaborative law is the process adopted by specially trained lawyers as an alternative to the "traditional" route of litigation when dealing with the breakdown of a relationship. This process surrounds the couple engaging in a series of open and civilised discussions about the unique terms of their separation. Both parties will have their own lawyer present and at their side during such discussions to aid the process of agreement to which both parties have participated in reaching. The couple set the pace at which they are comfortable with in relation to discussing the issues involved and attempt to agree matters rather than feeling that they have been dragged helplessly through the Court process. This process is not for every couple and is by no means the easy option, it requires the right mind set from everyone involved. This process may not be cheaper than the traditional route, but for those couples for whom it is right, it provides a genuine resolution to relationship breakdown and those who reach agreement, a genuine sense of well being.
The process involves the following;
You and your lawyers will all sign up to an agreement not to commence court proceedings and will agree your objectives.
Everyone agrees to be open, honest and commit to working together to find solutions.
A series of meetings will follow where both parties will disclose financial information and aspects of the separation will be discussed and solutions unique to the couple considered.
When everyone is in agreement, the lawyers reduce the agreement into the appropriate legal document necessary to give legal effect to what has been agreed.
Olive McCarthy, partner in charge of the family and matrimonial department is trained in Collaborative Law. If you would like to contact us about any aspect of Collaborative Law, please contact Olive McCarthy at our Hertford office on 01992 558411.
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