Article

A Divorce can also be collaborative!

Topic: DivorcePublished March 5, 2010

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When people think of divorce, they often think of high lawyer’s fees and acrimonious court hearings. However, through collaborative law all this can be avoided - the focus is on discussion and understanding as opposed to confrontation and accusation. The calm and dignified communication methods used in collaborative law might help you end your relationship as smoothly as possible. Unlike undertaking mediation, lawyers representing each person are present throughout collaborative meetings, and can help to guide negotiations with their advice. External parties, such as social workers or financial advisers, can become involved to discuss the agreement and advice on such matters as how to explain the divorce to children. If you want to remain in control of the process and avoid an external court judgment that might go either way, then you should consider collaborative law. rnIn collaborative law, each partner will have their own, a fully trained collaborative lawyer, meaning that you will still have more legal costs than if you were to go into mediation. However, lawyers place great importance on arranging face to face meetings, and in comparison to a process of letters and phone calls with a traditional divorce case, meetings are encouraged to be as amicable and understanding as possible. To end the marriage as quickly as possible, if you give a full financial disclosure to your partner and their lawyer, any splitting of assets can be done in a final settlement. rnCollaborative law aims to move things forward through step-by-step negotiations rather than facing each other in a courtroom. Meetings are documented and you have individual meetings with your lawyer to decide what you would like to discuss in your next meeting. Particularly where children are concerned, negotiations focus on putting them first, and in maintaining a working relationship with your partner in order to carry out your parenting responsibilities. However, you should not choose collaborative law if a legal claim will have to go to court, or if an injunction such as a restraining order is in place. Collaborative law seeks to achieve civil and productive discussion rather than the recriminations and stress that often come with the end of a relationship. Legal advisers can help you through each meeting, and place no pressure on you with time frames, such as is the case in court hearings. Multiple court appearances increase the cost of divorce cases, and the prolonged process can often be detrimental to a couple's health, as well as their finances. Collaborative law aims to help you focus on the future, and offers you the chance to reach a final, mutually agreed settlement without going to court. Collaborative law is not right for everybody - but for those who suit it, appointing an experienced collaborative law solicitor can really make the whole divorce much less painful.

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