What is that thing called collaborative law?

What is that thing called collaborative law?Separating and divorcing couples can now deal with issues arising upon the breakdown of their relationship by a process known as Collaborative Law.  This process involves both parties signing up to an agreement which states, amongst other things, that they will not make an Application to the Court to deal with resolution of issues between them.

These issues can include matters relating to finances or children or, indeed, both.

Each party instructs a Collaborative Lawyer and they will then attend several (usually four or five) meetings to discuss issues ‘around the table’.

Both parties can, of course, seek legal advice from their respective lawyers during this process.

The key to the Collaborative Law process is working together to reach a resolution of issues between the parties and agreeing not to issue Court proceedings.

It works extremely well where couples can talk openly and freely regarding possible outcomes and solutions.

There is also the opportunity to seek advice along the way from other professionals, eg, accountants.

The Collaborative Law process is not suitable for everyone, particularly, for example, if the relationship has been an abusive one, or if there is doubt that one party may not be completely frank about their financial circumstances.

Legal fees involved are often much less than through the Court process.

One of the main positive outcomes of Collaborative Law is that the parties reach agreement together and maintain control over the process itself and the speed that matters progress.

Mandy_Spring_Oct_2012_Staff_photo_largeToday’s post is written by Mandy Spring who is a Senior Associate and specialist Family Lawyer at Mundays LLP based in Cobham in Surrey.  Mandy has practiced exclusively in Family Law for the last 15 years and has a broad depth of experience in resolving Family Law issues.  She provides her clients with a friendly and professional service and gives practical advice.  Mandy is a trained Collaborative Lawyer and a Member of Resolution.  Mundays’ Family Team rank in the top tier of the Legal 500 for the South East regions of Kent, Surrey and Sussex.

You can contact Mandy Spring on 01932 590593 or at mandy.spring@mundays.co.uk

 photo credit:Flickr/origamidon

 

 

Mary Waring is a Chartered Accountant, Chartered Financial Planner and Money Mindset Coach, helping women transform their relationship with money so that they can become free and powerful. She is also the bestselling author of "The Wealthy Woman: A Man is Not a Financial Plan."

Read More

If you enjoyed this post, we recommend the following as additional reading. 

Improving your state pension entitlement

  Prior to 6th April 2016 if a couple were going through divorce, or dissolution of a civil partnership it was possible to substitute the National Insurance (NI) record from a former spouse/civil partner if they had a better NI record. Therefore, potentially a non-earning spouse could still receive a full state pension if their…

Read More about Improving your state pension entitlement

What lifestyle will you lead after your divorce?

Following divorce it’s very likely you will want to maintain the same lifestyle as you enjoyed during your marriage. If there are sufficient funds to go round that’s likely to be the outcome. However, consider what will happen if there isn’t enough money. The same income that was being used to support one household during…

Read More about What lifestyle will you lead after your divorce?

Valentine’s Day or Single’s Awareness Day? Tips on Practising Self-Love this Valentine’s Day

It seems like Christmas has only just ended, and here we are facing one of the most dreaded days to those who may be single or recently separated or divorced and spending the day alone. Remember, just because you are single on Valentine’s day it doesn’t mean you can’t have a day full of love…

Read More about Valentine’s Day or Single’s Awareness Day? Tips on Practising Self-Love this Valentine’s Day