Separation or divorce
can be extremely stressful and having
to seek legal advice about children
and finances can add to the anxiety.
Although solicitors acting for separating
and divorcing couples should act in
a non-adversarial fashion and attempt
to reach a settlement, there is for
many the worry of litigation and court
appearance.
An alternative to this is Collaborative
Law. This is a process in which the
parties and their respective solicitors
all have a shared commitment to avoid
litigation. The process primarily
entails informal discussions and joint
meetings for the purpose of settling
all issues. Each party and their solicitor
sign an agreement with the mutual
aim of seeking to reach a fair settlement.
There is still a duty for full disclosure
of the nature, extent and value of
all income, assets and liabilities
and both parties still have independent
legal advice. The most important thing
is that nobody can threaten with court
proceedings and the parties together
with the collaborative solicitors
sign a written agreement to this effect.
It is hoped that at the end of the
process an agreement is reached and
that Collaborative Law will minimise
the anguish and pain of separation
and divorce and keep costs at a reasonable
level.
