Collaborative law

Collaborative law is a way of finding a solution to family issues and requires a shared aim to avoid litigation.

It is a process where both you and your partner or former partner have a collaboratively trained family lawyer. During this process, everyone involved shares a commitment to avoid litigation by signing an agreement at the outset not to go to court, other than by a later agreement. The aim of this agreement is to reach a fair, mutual and equitable settlement.

A collaborative law approach is taken through a series of informal discussions and meetings for the purposes of settling all issues. The meetings are known as “4 way meetings”.

Our specialist collaborative law solicitors look after clients across Sussex, with offices in Brighton, Chichester, Crawley, Eastbourne, East Grinstead, Lewes, Peacehaven, Seaford and Storrington, as well as London.

What issues is collaborative law used for?

When relationships break down this process can be used for a range of issues, such as:

• Divorce or civil partnership dissolution – including living arrangements and agreeing on arrangements or parental access for your children.
• Financial arrangements – working out financial agreements after you have separated from your partner, including any financial support or maintenance payments
• Childcare arrangements – including where they will live and child maintenance payments.
• Co-parenting – setting out co-parenting plans for same sex parents.

The benefits of collaborative family law

The end of relationships is a stressful time and can be very upsetting. If you and your former partner can agree to work together respectfully and honestly for the best interests of all members of your family, this method is more often than not successful, can be better value for money and less stressful than going to court.

Collaborative law allows you to achieve the following:

• To focus on what is important to you and resolve matters quickly.
• You and your partner will be in control of the process and will have a voice.
• Two collaborative lawyers will work together with you rather than in opposition to each other.
• Children can benefit as the process will focus on any children and childcare arrangements first.
• A more flexible and creative solution adapted to your specific and individual needs.
• A straightforward process that minimises the opportunity for misunderstanding.
• Enhanced communication through the process and to lay the foundations for a healthy relationship afterwards.
• To provide a very powerful message for children as they will see their parents resolving differences constructively together.

What’s the difference between collaborative law and the traditional court process?

First and foremost, if the court becomes involved in the process of resolving your financial and children matters, the results of the case will be dictated by a judge and you might have to give evidence. Collaborative law ensures that both you and your former partner have a voice and are in control of the process.

The other main differences from going to court include knowing the process will be confidential – the court process has been recently opened up to allow the presence of the media – and in avoiding court, this process can be less costly and better value for money, particularly if you can agree to long-term solutions.

The collaborative law process is very future-focused, with the aim of you working with your partner, not against them. You will benefit from the strength of two lawyers working together to achieve a fair and equitable solution, rather than in opposition to one another. In court, the heightened atmosphere can mean the process often becomes a battleground.

Are other experts involved in the collaborative law process?

If appropriate, yes. The collaborative process takes an interdisciplinary approach, as separation and sorting out family issues is not just a legal process.

There are some additional experts you may benefit from throughout this process:

• A family consultant – these experts can assist in improving communication skills or thinking about the psychological and social pressures associated with separation.
• A child specialist – if you are a parent, it can be useful to involve a child specialist to help you understand the impact of your separation on the children and to talk about any issues directly related to them. Child specialists can act as advocates for your children, identify and explain any developmental needs or help you if children are struggling with what is happening.
• A financial advisor – called a financial neutral in the context of the collaborative process, a financial advisor can analyse the overall financial position of you and your partner, and help everyone work towards a realistic and viable solution.

No collaborative family lawyer can guarantee that this process will be 100% effective in resolving your issues. However, thereis every chance the process will work if youare both committed to being respectful and honest, and have the drive and determination to resolve the issues that are important to you.

Contact our collaborative law solicitors today

At Mayo Wynne Baxter, Karen Jeary is experienced in Collaborative Law. Karen can discuss your circumstances with you to confirm if the process could be a suitable option. If you’d like to find out more about our fees and the collaborative process, contact us today.