The best way to divorce?

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The best way to divorce?

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Whilst it may not be possible to have a ‘good’ divorce, it is certainly possible to have a bad
one. Fortunately, there are steps that both parties can take to make the divorce and
separation process as painless and as amicable as possible.

No fault divorce

The much anticipated ‘no fault divorce’ process is due to replace the existing fault-based
divorce procedure from April 2022, reflecting the intentions of Parliament and the family
justice system to remove the blame from the legal process of ending a marriage, to allow
the parties to focus on calmly and where possible, amicably, resolving the difficult issues
that run alongside a marriage breakdown, including issues relating to arrangements for
children and division of financial resources.
This is a very positive, and overdue, development that will see parties focus on finding
solutions, rather than focusing from the outset on blame.  Blame will have little or no
relevance to divorce going forward.
For separating parties who have a genuine desire to reach an agreement that is fair to them
both, working with a Collaborative Lawyer offers the opportunity to achieve the best
possible divorce through a process that uses open discussion and negotiation at a series of
round table meetings to reach an agreement, without a courtroom in sight.

Collaborative lawyers

Collaborative Lawyers are specially trained to work with other Collaborative Lawyers to
assist their respective clients to reach their own agreements, with a commitment to
resolving matters without contested court proceedings. This process works hand in hand
with the imminent divorce reforms. This is known as Collaborative Law.

The goal of the Collaborative process is for the couple themselves to make the decisions
about their family circumstances going forward, with the support, guidance, and advice of
their own Collaborative Lawyer.  The subjects that can be resolved through this process
include financial issues, housing issues, and matters relating to children. 
One of the many benefits of the Collaborative process is that it is entirely centered around
YOUR family. So, the issues that are important to you are the ones that will be discussed,
allowing the process to be bespoke in terms of timescales and agenda. This means issues
that are important can be discussed and agreed in a way that is not possible through the
narrow Court remit. Once agreement is reached, an Order reflecting the agreement can be
sent to Court for approval with the aim of achieving a Final Court Order without the need to
ever attend a Court hearing.

Focus on fairness

Collaborative Lawyers receive specialist training, to ensure that they can assist and support
their client through a process that is both productive and positive.
It is expected and anticipated that the process is not always smooth, and strong emotions
and disagreements are to be expected at times, after all, this is a process to deal with the
ending of a marriage, and that is unlikely to be plain sailing, but the aim of the process is to
work through such issues in a way that both parties feel is fair and which gives the best
possible foundation for a future working relationship, post-divorce.

Eleanor Barber, leader of the Family Law Team at Nash & Co, is a trained Collaborative
Lawyer who would be happy to discuss with you the process and the suitability of it for your
family. If you are going through a divorce or separation and want help with the issues, and

would like to discuss the options, including Collaborative Law, please call 01752 664444 for
an initial chat.

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