Print this pageThe Collaborative Approach
For most people (and particularly those not necessarily expecting it), divorce is devastating. The breakdown of a marriage may bring with it the fear of restricting a parent’s relationship with the children or severe financial hardship. It is no easy option even for those who instigate it. Another big worry is the likely cost of involving solicitors to sort out the various issues arising, eg working out the arrangements for the children’s care, their contact with the absent spouse and dealing with the financial implications of the breakup. The worst case scenario is an acrimonious argument which results in an application to the court asking a judge to make an order which may not suit either party.
There is, however, light at the end of the tunnel. Divorce does not mean that you have to be at loggerheads with your soon-to-be-ex-partner. There is a new approach to resolving family problems - one which is proving that it is possible to reach an amicable out of court settlement in a civilised non-confrontational way. What is different about the collaborative approach is that the outstanding issues are resolved in meetings involving both parties and their own lawyers round the table, without involving a court battle. Indeed it is feature of this approach that all four individuals resolve at the outset not to apply to the court (except for the divorce and for the approval of a financial agreement) - and that each solicitor must withdraw from acting if the process breaks down and a court application is in fact required. Correspondence between solicitors is also kept to a minimum, with the emphasis on all four working together in a constructive and co-operative way. For a cynical family lawyer with twenty plus years of experience of divorce work under her belt, this means a refreshing and exciting way of working!
Another attraction is that those involved are not constrained by the timetables set out by the court when a court application is made. More importantly, the collaborative approach is usually less costly (both financial and emotionally) than the court route. And it should ensure that better relations are maintained between the spouses - which is particularly significant where children are involved.
The collaborative approach does not suit all families experiencing marital breakdowns; however, if you are faced with the inevitable and what is stated above strikes a chord, do contact me, Jane Anderson, for a further explanation and, if appropriate, I will be happy to assess whether or not the collaborative approach on divorce would be a sensible option for your family.
Find out how we can help you
For further advice on the collaborative approach please contact Jane Anderson on 01603 625231, or email jmanderson@cozens-hardy.com
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