Search button

Need Advice? Call us now on:

0845 050 1958

or

Request a Call Back
Family Divorce Law Farleys Solicitors LLP

Collaborative Law

What is Collaborative Law?

If you’re looking for a non-conflict solution to your family dispute, you may want to consider going down the route of collaborative law

The aim of collaborative law is to resolve family disputes, while avoiding court proceedings, through face to face negotiations under the advice and guidance of two trained collaborative lawyers who can each assist one of the parties.

This method avoids phone calls and letters on the whole, allowing both parties to discuss their solutions constructively and fairly.

Divorcing With Collaborative Law

Despite the fact that they are divorcing, many couples will simply want the best for their families, particularly where children are involved. Avoiding stressful court proceedings and arguments about assets and/or children can ensure the divorce is amicable and find solutions that both parties are happy with. You can also move the process at your own pace.

FAQs

How does the collaborative process work?

Once you and your partner have decided to go ahead with collaborative negotiations, you will each instruct and meet with separate collaboratively trained lawyers. You will discuss with them your objectives and preferred outcomes from the negotiations. Once these have been established, your first meeting with your partner and their lawyer will take place. This is called a four way meeting.

First Four Way Meeting

During this meeting, both lawyers will ensure each party understands that they are making a commitment to working out an agreement without going to court. Before any negotiations begin, you will be asked to sign a document to this effect.
You will then discuss matters as agreed in advance. These matters will vary depending on your individual circumstances but may include discussions about how your children are responding to the separation. If you have the time, you may also discuss how financial information will be shared and agree on who will bring what financial information to the next meeting.

Subsequent Meetings

Future meetings will address you and your partner’s specified priorities. The aim of the meetings will be to enable you to reach an agreement on how assets will be shared and/or what arrangements will be made for the children. You may look at involving other professionals to assist with pensions and financial planning or people trained to assist children in understanding and coping with the changes divorce or separation will bring to their lives.

Final Meeting

In the final meeting, your lawyers will present documents setting out the agreements you have reached. These will be signed by both of you and your lawyers who will discuss with you what needs to be done in order to implement the agreement. You and your partner can set the timeframe for this to meet your own requirements.

How long does a collaborative divorce take?

As collaborative divorces take place mostly out of court, usual court imposed timescales do not apply. This can often work to you and your partner’s advantage as you are in control of how quickly the process progresses; the keener you both are to reach an agreement, the quicker the process can be.

What if we can’t reach an agreement?

While collaborative law can be an excellent solution, it doesn’t work for everyone. Most people are usually confident they can remain amicable throughout negotiations however; if it reaches a point where the process cannot move on due to disagreements, both collaborative lawyers will withdraw and you will have to instruct a new solicitors to complete your dispute through court proceedings.

How are collaborative negotiations funded?

Sadly there is no legal aid available for collaborative negotiations. The costs will therefore be funded privately and will very much depend on how quickly you are able to reach agreement. In appropriate cases a fixed fee may be available. If one of you is self employed or owns a business, expert help from accountants/financial advisors may be needed. This will of course add to the cost, but costs should only be incurred where they are proportionate to the result you are trying to achieve.

Farleys’ Collaborative Law Solicitors

Our collaborative lawyer has 10 years of experience assisting clients with collaborative law solutions. He is a member of Resolution, supporting the call for non-conflict ways to divorce. The Farleys’ team offers a down to earth approach, cutting the legal jargon and providing advice and guidance on all aspects of divorce and separation.

Your Collaborative Lawyer

Speak to a Collaborative Lawyer Today

Contact Farleys Solicitors now to talk to a Collaborative Lawyer on
0333 331 4031 or you can email us.

Related Articles

War of the Roses

Many of you may have seen the film ‘War of the Roses’ in which Kathleen Turner and Michael Douglas play spouses who are going through a ...

Read More
Barry Bunyan Associate Partner

Don’t Battle – Collaborate!

In April 1304, Edward I laid siege to Stirling Castle, a garrison led by Sir William Oliphant.  This lasted for many months and resulted in...

Read More
Barry Bunyan Associate Partner

Fed up of fighting? Try a conflict free divorce

Divorce is a process that few people undertake lightly. Many hours of thought and careful consideration precede an appointment with a solici...

Read More
Antonia Love Partner

Get in touch

Request a Call Back

Call us now on:

0845 050 1958