Collaborative Law Solicitors.

An ‘out of court’ divorce involves you and your spouse negotiating terms with the guidance of a solicitor to make sure you are both being treated fairly.

The decisions you make, if sent out in a financial consent order, are legally binding.

Many divorcing couples wish to find amicable solutions to the issues they face, and would prefer to minimise the associated costs through alternative dispute resolution methods.

In fact, the majority of financial issues, arising from divorce in England and Wales, are settled out of court.

The collaborative process is not right for everyone.

For the process to be successful, you and your ex-partner must be able to communicate effectively face to face. You will need to be in the same room as each other to discuss the issues of your separation, such as the arrangements for your children, property and financial matters.

Of course, every couple’s circumstances are different, as are the reasons for separating.

For the collaborative process to be the right option for you, there must be a desire to reach an agreement amicably and avoid going to court.

Difficult compromises may need to be made, and each partner will at times need to work hard to see things from the other’s perspective. Our Collaborative Lawyer will guide you through the entire process, drawing on their knowledge and experience to help you arrive at an arrangement that is fair.

You will need to be open and honest with each other about your financial situation, and be willing to explore options that meet both of your needs.

It is amicable

The process is never going to be easy. But the challenges can be largely overcome when both parties strive to maintain a good relationship with each other throughout. This is especially important when children are involved, as a good working relationship may be needed for many years into the future.

It is faster and more cost effective

The costs associated with the collaborative law process are typically significantly lower than pursuing the matter through court, and it is generally faster too.

It is legally binding

Once an agreement has been reached, the solicitors will draw up the necessary financial documents. Where there are divorce proceedings, the agreed terms will be submitted to the courts for approval.

You are in control

In the collaborative process you are in control of the agenda, the timetable and ultimately you decide on the outcome that is right for you.

You and your family’s wishes are at the centre of all considerations, and you can find solutions that work for both parties, taking a huge variety of nuances into account. This might be to do with who gets the pet, or objects of sentimental value which only you understand the importance of. This control is lost once a judge gets involved. The judge’s decision has to be accepted whether you like it or not.

You both appoint your own Collaborative Law Solicitor who will attend all the meetings, guiding and advising you through the discussions. The focus is on face to face meetings, where you and your former partner play a central active role in shaping a tailor made agreed outcome. Correspondence is minimal.

Following a discussion with you to understand your wishes and objectives, your Collaborative Lawyer will speak to the other solicitor to form an agenda for the first meeting. This process will be repeated for any subsequent meetings, keeping things moving constructively going forward, by building on the outcomes from previous meetings and keeping your objectives at the heart of the process. Meetings are usual called ‘four-way’ meetings, due to the four participants. If specialist support or advice is required from financial advisors, accountants, pension actuaries or relationship therapists, then these neutral advisors join the meeting which then becomes a ‘five-way’ meeting. Here, all participants have an opportunity to explore, clarify and understand technical issues and options, face to face in the room.

There are no set timetables or deadlines. The process can be dictated by you and the other party.

The process continues until both parties are in full agreement and the outcomes have been documented and approved by the courts. Often a clean break is agreed and incorporated into a binding financial consent order, providing finality.

There are many similarities between the collaborative process and mediation. Both are based on principled negotiations which factor in the unique issues that are important to you both. The main difference is that in mediation, both parties meet with one neutral mediator, who is impartial and therefore unable to give any legal advice.

In the collaborative process you each appoint your own Collaborative Lawyer who attends each session, and is able to give you independent advice. This is usually shared openly during the meetings to provide maximum cost efficiency and transparency.