It can be very easy for separating couples to get caught up in the emotion and stress that comes with a relationship breakdown, and it can be extremely difficult to take time to consider what is the best outcome for the family as a whole. The collaborative process enables a separating couple to take time to find solutions, by working together, greatly easing the pain of a family breakdown.
Collaborative law encourages separating couples to speak openly and honestly and gives the couple the time to listen to each other in a series of face-to-face meetings with their former partner and their respective collaboratively trained legal advisors. The separating couple make a promise to each other at the start of the process that neither of them will instigate court proceedings, giving them a strong foundation to work together on bespoke solutions for their future.
Under the collaborative process, the separating couple will also have the opportunity to work together, where appropriate with an independent financial advisor, a family consultant, a child specialist or an accountant, to work things out with the assistance of experts.
There are many benefits in considering the collaborative process which include: –
- Support – the support of lawyers, counsellors and financial advisors specially trained to approach matters constructively.
- Control – The couple sets their own agenda, so you talk about things that matter most to you and your family. You can time your meetings to fit in with other family events, working around occasions such the start of a new school term, holidays and so on and ensuring that your family comes first.
- Flexibility – Collaborative law allows more flexibility and is generally much quicker than court proceedings. Matters can often be resolved in a few months, instead of 18-24 months, which also results in reduced legal costs. As communication is through meetings, there are no delays in waiting for replies to emails and letters.
- Co-Parenting – Collaborative law encourages less conflict and more communication, which supports co-parenting. Being able to positively co-parent is beneficial for children of the family who are adjusting to their new normal and with parents on the same page, which eases this transition.
- Informality. Collaborative law can be less stressful due to the flexible approach and informal meetings. It is also a voluntary process, so an outcome will not be imposed upon you.
Collaborative law can be particularly beneficial when there are children involved. It is important to remember that even when a couple separate, they both remain parents, and it can really benefit the children to cope better with a separation if they can see that the parents are working things out together. Most importantly, the key decisions that you make about your future, are your decisions, and not made by a stranger in a courtroom.
Here at Ellisons we are committed to assisting our clients in resolving any disagreement arising from relationship breakdown as cost effectively and amicably as possible. Samantha Markham, Associate Solicitor, has recently undertaken her Collaborative Law training and is now qualified to offer innovative approaches designed to help separating couples resolve issues without going to court. She joins Sally Ward, Senior Associate Solicitor who has been a Collaboratively trained lawyer for over 15 years.
Whilst collaborative law doesn’t work for every scenario, it is highly beneficial when both parties are committed to working together and there are no domestic abuse issues. If you would like to speak to us about the collaborative law process, our Family team offers a free exploratory call so that we can match your specific needs with the right person in our family team. The team can offer advice at one of our offices in Colchester, Chelmsford, Frinton-on-Sea, Ipswich or Bury St Edmunds.
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