Agreeing separation issues amicably
Divorce and separation can be an extremely emotional and traumatic experience. Collaborative law allows separating couples to work together with their respective solicitors to find an amicable solution to the issues that they face when parting ways.
What is collaborative law?
Collaborative law is an Alternative Dispute Resolution (ADR) method which enables the key aspects of divorce, including arrangements regarding children and finances, to be discussed at face to face meetings in a calm and constructive way. Each party has the support of their own individual accredited collaborative law solicitor and there should be no need to go to Court.
The collaborative law process is not suitable for all separating couples. It requires both parties to take a constructive and respectful approach to all aspects of their separation.
The collaborative law divorce process involves the following:
- Each party discussing with their respective solicitors independently, their goals and objectives in respect of divorce.
- Each collaborative law solicitor builds a firm relationship with their client and the other party’s solicitor to enable focused and productive discussions at face to face meetings.
- The signing of a Participation Agreement showing the parties’ and their representatives’ commitment to the collaborative process.
- Information gathering with the emphasis on the parties taking the lead in sharing information, including a full and frank disclosure of their financial circumstances.
- Consideration of whether other collaboratively trained professionals would be helpful, including family consultants, financial advisers and/or accountants.
- Once an agreement between the divorcing parties has been reached, the collaborative solicitors will prepare a document setting out the agreement which can be submitted to the Court and endorsed as a legally binding Court order.
How we can help
At Nelsons, we have one of the largest teams of specialist family law solicitors in the East Midlands, which includes two accredited collaborative law solicitors – Lisa-Marie Leanders and Emma Davies – who are based in Leicester and Nottingham.
Our team provide specialist legal advice to a variety of clients, including high net worth persons with complex business and personal assets to families and stay at home parents, across the region, nationally and abroad.
The team is ranked in Tier One by the independently researched publication, The Legal 500, and also includes:
- Resolution Accredited Specialists
- Law Society Family Panel & Advanced Family Panel members
- Law Society Children Panel Members
Another form of ADR we recommend during divorce proceedings is mediation and within our team we have three trained mediators – Glynis Wright MBE, Gayle Rowley and Paul Richardson.
Should you attempt either collaborative law or mediation and it proves to be unsuccessful then your divorce case may require Court action. In such cases, our solicitors are able to support you throughout the proceedings.