Using Collaborative Family Law In Your Divorce

Collaborative family law is a concept that has been used in divorce cases in the United States for quite some time but is still relatively new to the UK.

What Does Collaborative Family Law Aim To Achieve?

The aim is of collaborative family law is to resolve the divorce process without any form of court involvement and to do so in a dignified manner on both sides. In the collaborative process the lawyers on both sides along with their clients aim to find the best solutions to issues surrounding the children and financial settlements and related issues.

Collaborative Family Law Is A Non-Confrontational Approach

When a couple divorce, there can be a lot of emotional and financial fallout as a result. In a collaborative process, the aim is to minimise both the financial cost of the divorce and to lessen or even eliminate the emotional trauma which couples often find they go through during the separation procedure. The couple are always in control but they each have their own lawyer to offer them support and guidance along the way.

The collavorative family law process works well where couples don’t wish to take a confrontational approach and just wish to have everything settled and their divorce finalised as quickly and as amicably as possible so there has to be goodwill on both sides. It basically consists of a series of 4 way meetings – the couple themselves and a lawyer appointed by each of them. Its success lies in open and honest dialogue where information can be shared and negotiations entered into and both parties will be encouraged to find their own joint solutions. Once this is achieved, the lawyers then draw up a settlement agreement which is approved by the court.

Benefits of A Collaborative Approach

The main benefit of a collaborative family law approach is the control which you retain throughout the divorce process backed up by legal advice and support. It helps to avoid stressful confrontation and usually results in a quicker, less drawn out, dissolution to your marriage.

It also keeps legal costs to a minimum as there is less paperwork involved and because it is non-confrontational, it also helps to lessen the risk of you losing contact with friends and family members who often tend to feel as though they have to take sides in a conventional courtroom divorce ‘battle’.

It’s far better to let the two people involved try to work towards some kind of amicable agreement with the help of lawyers than to put it in the hands of a judge who hardly knows you to decide your fate.

Ultimately, a divorce can often cause a lot of heartache and antagonism. The ethos of a collaborative family law approach is to keep things dignified and non-confrontational which usually produces the quickest and most satisfactory outcome all round. Especially, where children are involved, it also keeps them at the forefront of both your thoughts and makes things easier for them to deal with.

Parents who are going through a divorce are usually so wrapped up in their own emotions that they can sometimes tend to forget about the effect it is having on their children. Often, following their parents’ divorce, children will comment that it wasn’t the actual divorce itself that caused them to feel distraught but the way in which the divorce was carried out. This is another very good reason why the collaborative family law process is a worthwhile alternative approach to the divorce procedure.