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Untying the knot. Is there such a thing as a ‘good divorce’?
Whilst it may not be possible to have a ‘good’ divorce, it is certainly possible to have a bad one. Fortunately, there are things that both parties can do to make the process as painless and amicable as possible. One of these is known as Collaborative Law.
Who is it for?
Collaborative Law is for separating couples who have a genuine interest in reaching an agreement that’s fair to both parties. Working with a Collaborative Lawyer offers the opportunity to achieve this. The process uses open discussion and negotiation, without a courtroom even in sight. A series of meetings are held around a table with both parties involved, with the intention of reaching an agreement.
What is a Collaborative Lawyer?
Collaborative Lawyers are specially trained to work with other Collaborative Lawyers. They’ll help their respective clients to reach their own agreements, with a commitment to resolving matters without contested court proceedings. The training that they receive ensures that they’re able to assist and support their client through a process that is both productive and positive.
How does it work?
The goal of collaborative law is to have the couple themselves make the decisions about their family, following divorce. The lawyers are there to support, guide, prompt, and provide advice along the way. Subjects that can be decided upon include children, finance, and housing issues.
But why is this approach so unique? Because the entire process is centred around YOUR family and the issues that YOU face. This allows the process to be bespoke in terms of timescales and agenda. Agreements can be made on things that just aren’t possible through the more narrow court remit.
Once agreement has been reached, an Order reflecting the agreement can be sent to the court for approval. This is with the aim of reaching a Final Court Order without the need to ever actually attend a Court hearing. This immediately makes people more relaxed, less anxious and usually creates a better quality and longer-lasting agreement.
It’s expected and anticipated that the process is not always smooth, and strong emotions and disagreements are to be expected at times, but the aim 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.
How can we help you?
Eleanor Barber, the Head of the Family Law Team at Nash & Co, is a trained Collaborative Lawyer. Eleanor would be happy to discuss with you the process and its suitability for your family situation.
Furthermore, if you’re going through a divorce or separation and need advice on the issues, we’re here to help. We can discuss the various options that are open to you, including Collaborative Law.
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* The information contained on this page is correct to the best of our knowledge, if you notice anything that you know to be incorrect or misleading, please contact us.