What is the collaborative approach?
The collaborative approach is an alternative method of resolving family issues such as divorce without involving the court. Instead the parties work with specially trained collaborative family lawyers who assist them to reach a private tailor-made settlement in a civilised and constructive way which minimises acrimony.
The Collaborative Approach to Divorce: the basics
• The couple and their lawyers agree that they will not go to court
• Issues are resolved in a series of face-to-face roundtable meetings with parties and lawyers
• Entire process is confidential and privileged: avoids discussion of private matters in court
• Avoids point scoring and confrontation in favour of openness and co-operation with support from experienced family lawyers
• Preserves relationships for the future and for the benefit of children
Frequently Asked Questions
Why choose the collaborative approach?
For the right couple it can offer a more constructive and sophisticated way of dealing with a family issue. However much the parties and their lawyers may try to avoid it, conventional litigation tends to heighten conflict between the parties which is stressful and unpleasant for them and can be harmful for their children. It can poison relationships for the future and undermine the parties’ ability to parent their children. In conventional litigation, the parties invite the court to decide what the outcome should be; the collaborative approach involves the parties privately creating their own tailor-made solution on their own terms, which many couples find empowering.
What are the advantages of the collaborative approach?
There are many advantages to the collaborative approach including:
• the preservation of the parties’ long term relationship as former partners and/or parents
• minimising the impact of divorce on children and the wider family
• avoiding an often lengthy and emotionally bruising court process
• the parties and their lawyers can create a solution tailor made for their situation instead of having a solution imposed by the court
• avoiding unnecessary legal costs
When is the collaborative approach not appropriate?
Both parties have to be prepared to embark on the process in good faith. If there is a history of one party coercing the other or evidence that one party has sought to conceal assets then the collaborative approach might not be appropriate.
Will I get everything that I am entitled to?
The fact that the collaborative process avoids an adversarial approach does not mean that one party has to give in or sell themselves short. In conventional litigation, one party will often agree to accept a disadvantageous settlement simply because they cannot endure the emotional and financial strain of litigation which leads to ongoing resentment and sometimes hardship for the future. The collaborative process is designed to avoid this happening.
One of the problems with conventional litigation is that it is impossible in most cases to predict precisely what the outcome will be and hence impossible to advise someone what they are entitled to. In the collaborative process lawyers will advise their clients about the sort of financial award that a court might make and about the suitability of any proposals put forward in the collaborative process.
What if I think my spouse has hidden income or assets?
As in conventional litigation, both parties have to provide full and frank financial disclosure and can scrutinise the information provided, using experts such as accountants if necessary. In most cases that will be sufficient to establish whether assets have been hidden. Disclosure has been full and frank.
What sort of issues is the collaborative process suitable for?
The process is suitable for:
• Dealing with financial issues following separation or divorce
• Agreeing the terms of a pre-nuptial or post-nuptial agreement
• Agreeing the terms of a cohabitation agreement
Couples who adopt the collaborative process will often agree arrangements for children separately but in parallel with financial issues.
If I think the collaborative approach may be right for me and my spouse what should I do?
The first step is to consult with a trained collaborative lawyer and obtain more information. He or she will then be able to suggest the names of other collaboratively trained lawyers with whom your partner could consult.
For more information contact David Greer, a trained collaborative lawyer.