Collaborative law is a constructive, team-based approach that enables separating or divorcing couples to work together amicably, with a shared commitment to resolving matters without resorting to contested Court proceedings.
Why choose Collaborative Family Law?
Collaborative family law offers several advantages. While similar to mediation, it provides the added benefit of legal advice and support. These advantages include:
- Both parties benefit from the guidance of two specially trained lawyers who work collaboratively to achieve the best outcomes for them and their family.
- Couples are more likely to maintain dignity, integrity, and mutual respect throughout the process.
- Each party is represented by a collaborative lawyer, ensuring they receive support and advice while having their concerns addressed from their perspective.
- The holistic nature of this approach allows for the inclusion of experts, such as financial advisors, pension experts, accountants, family consultants, and divorce coaches, to assist with specific issues.
- Both parties have control over the process, setting the agenda for each meeting and working at a pace that suits them, rather than adhering to a strict court timetable.
- It avoids the uncertainty and stress of litigation.
- This process is especially suitable for those with children, as it emphasises open, honest, and respectful communication, making it more family-focused.
How does it work in practice?
The glue which holds the whole process together is that all parties commit to resolving matters without going to court. Both solicitors and clients sign an agreement stating that should the process break down and court proceedings be initiated, the current solicitors will no longer represent them. This ensures that everyone remains dedicated to reaching a settlement, helping avoid the financial and emotional costs of court proceedings.
The collaborative approach may not suit everyone, but if you are considering separation and would like to know more about this process, please feel free to contact our Collaborative Family Lawyer and Managing Associate, Catherine Lowther, at 0191 384 2441 or cel@swinburnemaddison.co.uk.
