Partner Tasha Bevan-Stewart, in our Family Law team, explains how collaborative divorce works.
Changing the way couples divorce
Traditionally, when couples are separating, they each take independent advice from specialist family lawyers. If they are working outside court, they try to reach agreement on how best to settle their differences. They work out how to share the assets – and the responsibilities, for the children for example – as they each go their separate ways.
A collaborative divorce involves you both sitting down with the collaborative lawyers you have each appointed, to work things out together, with all the help and advice you need on hand.
Most of the work is done in round table meetings, face to face, instead of lengthy letters going back and forth between solicitors. This means you can see the progress happening before your eyes, and costs are more transparent. Your lawyer and your spouse’s lawyer work together to advise on the best solutions for you and your family. You will have the opportunity to involve other professionals, such as a family consultant or financial adviser, forming a team to provide you with the best support in a cost-effective way.
What it needs to make it work
For the process to work it needs the right people, with the right frame of mind who have:
- a genuine desire to reach an agreement that is fair to the whole family;
- a willingness to disclose, fully and honestly, information about all assets;
- skilled, trained solicitors and other professionals who are practised in working collaboratively;
- commitment to reaching a solution without going to court.
What makes it so successful?
You still benefit from having your own independent legal adviser. You are in control, without the threat of court proceedings hanging over you. You can ask questions and clarify legal issues in an open and transparent way, so that you and your former partner are hearing the same advice. Importantly, lawyers don’t resort to combative letter-writing in this process. Instead, issues are discussed at meetings in person.
You set the agenda, so you talk about the things that matter most to you and your family. You set the pace – because you are not governed by court dates and appearances. Sometimes only a couple of meetings are needed, in other cases four or five. You will dictate how frequently the meetings happen.
You maintain contact with your former partner. That way, you have the best chance of understanding each other, and finding the right solutions. Working together also helps build communications channels for the future, especially if you are co-parents. Research has shown that it helps the children of separated parents to see their parents working things out together in a constructive way, rather than fighting. Most importantly, the key decisions you make about your future are yours – they are not made by a stranger in a courtroom.
Your lawyer will be by your side every step of the way and can bring in other members of the team if and when they are needed. It’s a team approach – depending on your individual requirements, your lawyer will advise you on how to involve a family consultant, child specialist, financial adviser or tax accountant who would act as a neutral expert. These professionals bring unique expertise to bear on your decision-making process, allowing you to both make the best possible choices for your future.
In a collaborative process, you and your team sign an agreement that commits you to trying to resolve things together, working towards an agreement that works for you and your family. Everyone is absolutely committed to finding the best solutions by agreement, keeping conflict down and avoiding court proceedings. Once an agreement is reached, your lawyers will put it into effect, obtaining a court order where needed.
Why do collaborative divorce?
Clients report this as a much more dignified way of sorting out their separation. You can benefit from dealing with issues in a grown-up and business-like manner, and you have access to therapeutic or financial support where it is needed. If you have children, even if they are adults, they are likely to benefit from the ‘positive fallout’ of working collaboratively.
Most people want to and can avoid costly proceedings and the inevitable delays that accompany them. Our collaboratively trained lawyers feel the same. The ‘no Court’ commitment means that you can be sure that they will strive to find a solution with you.
It is unusual for collaborative cases to remain unresolved. If, however, agreement isn’t reached in round table meetings, your lawyers will counsel you on other methods of concluding the process without going to court. Arbitration is often suggested as a way to deal with any issues that remain unresolved. This involves instructing a private decision-maker of your choice to deal with your case in a practical, cost-efficient way.
We have three collaborative lawyers at Blandy & Blandy, Tasha Bevan-Stewart, Claire Dyer and Claire Clarke, who are trained and skilled in helping you reach positive divorce outcomes and access the best services. They will advise you throughout the process, so you can both reach agreement together – calmly and cost effectively. To find out more about working collaboratively and other approaches to dealing with family relationship matters, please contact our Family Law team.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
