Collaborative Family Law: A New Approach

It is a fact that unfortunately divorce and separation can be an extremely painful, stressful and expensive process. Clients are often left with a sense of frustration, disappointment and huge relief following their separation and divorce.

In recent years there has been a concerted effort by family solicitors and indeed courts to minimise the acrimonious and sometimes confrontational nature of divorce and separation. There is a growing awareness of the need for parties to come through the process as unscathed as possible and hopefully with the result that their relationship as either former partners and/or parents remains in tact and at least functionable.

Against this background a new approach has swept across the Atlantic to the United Kingdom in the form of Collaborative Family Law. For many years in North America and Canada particularly the model that is Collaborative Family Law has proved to be a successful and dynamic alternative to the usual divorce process.

In this country the concept has now been embraced by Resolution which is a specialist professional body of solicitors who work within the area of family law and are committed to achieving a fair outcome on all aspects of separation and divorce whilst also, in as far as possible, adopting a conciliatory approach throughout. Members of Resolution seek to assist clients in achieving a palatable outcome and settlement whilst avoiding protracted arguments and brinkmanship measures or tactics.

Collaborative Law aims to resolve divorce and separation issues in as low key and dignified manner as possible. The process involves increased cooperation or collaboration between the couple themselves and also their specially trained lawyers. There is an increased sense of working as a team to help achieve goals that are mutually important to the couple concerned.

Collaborative Family Lawyers have enhanced skills which affords them flexibility to help look at ways in which common goals can be achieved in the priority that the couple's desire.

Within the Collaborative process couples each retain separate lawyers but also have the benefit of their individual advice. There is more focus on face to face meetings and discussion. It is possible to bring in the expertise of other professionals to assist the chances of reaching an agreement such as counsellors, therapists and accountants. At the very heart of Collaborative Family Law is the agreement that whilst the process is continuing neither party will involve the Court. Furthermore, in the event that the Collaborative process is unsuccessful the couples would then be obliged to instruct new lawyers to proceed with any application to the Court.

Within the Collaborative Law process there is a focus on the needs of the children as it is always hoped that once this aspect is discussed and resolved it will assist in easing the overall negotiation process and increase the chances of a solution.

By agreeing not to involve the Court this enables couples to create a more relaxed environment which will assist in keeping the channels of communication open and ultimately will help to increase the chances of an early settlement. When looking at the financial aspects it is mutually understood that the couples will each receive speedy full and frank disclosure of all information to enable them to enter into negotiations. This focus on basic financial transparency means that agreements can be reached with added certainty.

More and more specialist solicitors are recommending the benefits to their clients of providing this alternative and exciting approach to separation and divorce. Should you require any further information regarding the Collaborative Family Law process contact Darren Cleverdon of Dunn & Baker who is a trained Collaborative Solicitor and a Resolution Accredited Specialist.

You may also wish to discover further information via www.collaborativefamilylawyers.co.uk or use the 'links' page