Most people appreciate that pursuing a divorce can be a stressful and bitter experience. Dividing assets and sorting out the arrangements for children, can generate unpalatable litigation which is expensive and undignified.

The collaborative law process provides a fresh approach to divorce and is designed to promote agreement between husband and wife on varying issues, for example, how the assets should be divided and how arrangements for the children should be organised. This is all done without the stress of going to Court.

Collaborative law should be suitable for the majority of couples where there is some disagreement regarding a whole host of arrangements pursuant to the breakdown of the marriage, but where there is nevertheless a willingness to try and reach an agreement.

Where there is a genuine desire to find a solution as well as a willingness to be open and honest, couples sign up to a contractually binding agreement, ensuring that neither of them litigates through the Court. The “Participation Agreement” is signed by the acting solicitors and clients alike at the first “four way meeting” between the clients and their solicitors. The Participation Agreement explains all the process involved.

The solicitors and their clients attend a series of “four way meetings” where they meet up to discuss a variety of issues. Agendas are set, full and frank information is shared which paves the way for structured discussion.

The beauty of collaborative law is that it deals with difficult matters in a non-confrontational, non-litigious manner. The parties themselves remain in control of what is important to them and are free to openly negotiate with the assistance of their solicitors around the table. All those involved, solicitors and clients alike, are encouraged to keep an open mind and facilitate discussion for both sides, while providing sound legal advice for their client en-route.

With Collaborative Law, an air of dignity is maintained, and more often than not a working relationship with ones ex-spouse is maintained which is particularly beneficial for the children if relevant. Constructive solutions to personal difficulties can be proffered by either solicitor involved, as the lawyers do not partake in a “head to head” or entrenched conduct.

Collaborative law is growing in popularity here in Peterborough, and more and more solicitors are being trained and are committed to this approach. It is understood that just over 1,000 lawyers nationally are accredited with this expertise. This is a client and solution based process.

For more information on this story or any other family legal matter, please contact Lyn Brisley at the Peterborough office of Buckles Solicitors LLP on 01733 888841 or email at lyn.brisley@buckles-law.co.uk

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