Breaking Up Needn't Be So Hard To Do
From the Manchester Evening News, 8 March 2007:
"More than 150,000 people divorce every year. For many it is an overwhelming time fraught with emotion.
Many come to solicitors after what may have been a long and painful relationship breakdown seeking a speedy and focussed resolution to the financial and child-related issues which accompany divorce. Sadly the court process can be lengthy and acrimonious.
There is now a relatively new structured alternative to the courts. Collaborative Law has as its central feature a pledge by the couple to make every effort to resolve issues in a dignified and civilised way without going to court.
Experience has shown that, by removing the threat of court, anxiety and fear are reduced, thus helping the couple to focus on finding positive solutions for themselves and their family.
The lawyers also commit themselves to helping the clients find the best solution by agreement rather than conflict. Expensive litigation is thus avoided and there are the added advantages of speed and flexibility.
If agreement is reached, a document embodying the details is presented to the court for ratification. Of course there is an obligation to exchange complete financial information so that each party can make well-informed decisions. The parties then have a series of face-to-face meetings with the assistance of their lawyers. Other experts are involved where necessary, for example accountants, financial advisors and family counsellors who can assist arrangements for children.
If the process fails, both sides will have to appoint new advisors to take matters to court. But US experience has shown that this disqualification feature encourages the couple and their lawyers to remain at the negotiating table.
Naturally the collaborative process is not for everyone. But if the couple approach it with the right attitude they can lay the foundations for a better future.
- Judy Bell"
Judy is Partner in the firm's Family Unit and a regular contributor to Law & You in the Manchester Evening News.