Collabrative Family Law

Helen Warren - Parter Direct Dial: 020 8662 6312

The best solutions to problems are usually those that have been worked out by the people involved, rather than forced on them by others.

The traditional route of resolving matters on family breakdown is the involvement of solicitors retained by each party and, sometimes the Courts. Many separating clients feel that they are not in charge of the process and that it is somehow out of their hands. Also, the complex emotions that many separating couples, and their children, such as hurt, bitterness and anger, can get lost and ignored in the process.

Changing the way people resolve family breakdown

The traditional route does not work for many people. It can be costly, stressful and acrimonious and may well result in a Judge deciding what is best for you and your family instead of you.

At the heart of collaborative law is the idea that separating couples are the best people to decide their future, to reach solutions in a way that will ease the pain of the separation for all concerned and to be able to move forward.

Your solicitor is no longer a “tool” to use against your former partner, but someone who will work alongside you to help you find the right solutions. At the outset of the process you and your partner and your respective solicitors sign an agreement committing you to working together rather than issuing Court proceedings.

Will it suit you?

Yes, if the following applies

• you both have a genuine desire to make it work

• you are both open and honest, particularly concerning your financial positions

• the relationship that you might have with your partner after the separation is important, particularly where there are children involved

How does it work?

You and your partner each engage a specially trained collaborative lawyer Find a Collaborative Lawyer. You will discuss what it important to you and what might be achievable.

The solicitors will speak to each other, either face to face or by telephone to plan your first meeting.

At that first meeting, you and your partner and your solicitors sign a formal agreement committing everyone to the process. If the process breaks down, you will both need to instruct new solicitors – this helps you commit to the process. An agenda will have been agreed in advance of the meeting to discuss any immediate issues, such as care of the children, and to discuss what will happen next, such as sorting out arrangements to provide your financial information to each other.

Each of you will be able to tell the other person what is important to you about solving matters amicably, for example, because you like to think of being able to both go to your children’s weddings at some point in the future.

There will be subsequent meetings to work through the issues to reach solutions, ending in any formal paperwork being drawn up, such as a financial agreement, divorce papers, or a schedule for the children to share their time between the two households.

How long will it take and how much will it cost?

The simple answer is that it depends on how complicated your issues are and how quickly you can resolve them. Typically 3 to 5 meetings might be needed.

Collaborative law is not the cheapest option but is considerably cheaper, and quicker, than litigation.

What other benefits are there?

You set the pace and the agendas. You can discuss matters that could not ordinarily be considered by a Court, such as working out a schedule for the family dog to spend time with each partner!

The decisions reached will be yours, not decided by a Judge who does not know you or your family. If you need a break, you can take it because you will not be locked into a Court timetable.

Other professionals can be called in to help, such as pension experts, counsellors, financial advisors so that you get “an all round” service.

If you have children, you will be setting the best example for them possible by showing that you and your partner can still work together for their benefit even though you no longer want to live together. Using this process can go a long way to alleviating the upset and long term problems that children of separating parents can suffer.

Want to find out more?

Telephone Helen Warren on 020 8662 6326 or email the enquiry form for further details.