This is the process in which you and your partner and both solicitors commit to resolving matters between you without involving the court. It is the “no court commitment” which offers the prospect of delivering a solution for the long term benefit of you and your family.
The key features are:
- You and your spouse/partner are in charge of the process – it is your settlement.
- All discussions take place at “4 way” face to face meetings.
- Your solicitor is present at these meetings to help you.
- Discussions focus on the concerns and interests of both and any children.
- Everyone commits to resolving issues without going to Court.
- The key decisions that you make about your future are yours. They are not made by a judge.
How does it work?
Collaborative lawyers sign an agreement which disqualifies them from representing either of you in contested court proceedings. That means they are absolutely committed to helping you find the best solutions by agreement.
You and your spouse/partner commit to providing financial information and documents in an open and honest way.
Your collaborative lawyer will provide legal advice and guidance throughout the process.
Both collaborative lawyers will work in a non-confrontational way to help resolution.
Both collaborative lawyers will consider with you and your spouse/partner whether to involve other professionals such as:
- Trained counsellors to help you emotionally and to improve communication
- Financial experts, e.g. if you or your spouse/partner require tax or business advice
- Actuarial advice in relation to pensions
- Child experts/family therapists
What are the benefits if you and your spouse/partner are both committed to the process?
- Legal expertise and support throughout the process
- Speedier resolutions
- Focus on children
- Clients controlled process can control costs
- A team based approach where the decisions are made by you and your spouse
- Improved communication with your spouse/partner
- Creative and fair settlements
- Other experts at hand to assist if required
- Resolutions reached in a dignified and respectful way