What is a collaborative divorce? Collaborative divorce or collaborative separation can be a way to satisfy the needs of all parties effectively and quicker in a lot of situations.
One of the first things most people will worry about when it comes to divorce is, what will happen to their finances? This is completely normal and that is where advice will be needed from a solicitor.
Most people who go through a divorce will prefer to be able to talk with their partner about their finances and sort out their finances by agreement. Sometimes the discussions will be to help on partner understand their financial situation, for example if one partner has had primary responsibility for the financial affairs throughout the relationship. Equally, it may be that both partners already have a firm grasp of the relationship finances, but they want to talk through what they can do to practically separate their financial affairs. It is possible to do all of this, and more, with the help of your solicitor and whilst still remaining amicable and agreeable with your partner.
Known as the ‘Collaborative’ approach – this involves each partner instructing a ‘collaboratively trained’ lawyer and the lawyers will then arrange a series of face-to-face meetings which are attended by both partners and both of their lawyers. All of the parties attend the meetings together and work together to come to an agreement in respect of their finances. The focus is very much on the lawyers helping the separating couple to come to their own negotiated agreement, with legal guidance as and when required. The major advantage of dealing with any issues collaboratively is that everything can be addressed at the same time – for example if difficulties arise regarding the care of the children either at the outset, or as the process progresses, then this can all be addressed at the same time as financial matters, through the collaborative process. This also saves drastically on legal costs as it avoids the exchanging of lengthy solicitors letters about any issues, when they can instead be resolved face-to-face in a meeting.
With the forthcoming changes to divorce law – where separating spouses will be able to start a non-fault divorce, using the collaborative method is perfectly placed to help separating couples sort out any difficulties coming out of their separation or divorce.
If you think that the collaborative process might help you, you can contact our Collaborative Solicitor, Greg Bowyer, on 0121 746 3002 or by email to [email protected] and he will be able to help you and advise you.