If you’re still on speaking terms with an ex-partner and want to avoid a lengthy and stressful court process, you should consider collaborative law solicitors from a highly specialised family law team. You can also use a collaborative law solicitor to help with prenuptial agreements too.
If you want to learn more about collaborative family law, when you should use a family law solicitor and how it might benefit you based on your individual scenario, VM Family Law is here to help.
What is Collaborative Family Law?
Collaborative family law is an approach to resolving family disputes such as divorce or separation (and all that comes with it) without needing to go to court.
This is only likely to work if you’re still able to communicate with your ex-partner, but it can be an excellent way to work together with the other party to reach a mutually beneficial resolution to a stressful split.
Collaborative family law can cover:
- The divorce process itself
- Financial settlements (division of debts, assets, and more)
- Child arrangements
- Pre/post-nuptial agreements
Remember, collaborative family law will only work if you are able to effectively communicate with your former partner. Naturally, there are likely to be some tensions and disagreements, but you must have some level of communication with the other party.
How does Collaborative Law work?
Collaborative law proceedings need to be agreed upon by both parties. You’ll both hire a solicitor and discuss your situation and goals regarding the process with your respective solicitors. When you’ve each spoken to your solicitor and outlined an agenda, you’ll arrange a collaborative meeting during which you’ll sign contracts to commit to resolving your issues outside of court.
During this first meeting, both parties will aim to establish priorities and concerns, getting everything on the table so that there are no surprises. Hopefully, you’ll agree on everything during this first meeting, but if not, you’ll need to agree on a date for another one.
If you manage to agree after the first meeting, your lawyers will write down and establish everything that’s been agreed, and both parties will sign the document.
What is a Collaborative Law Solicitor?
A collaborative law solicitor is an expert in the field of collaborative law. They’ll have the relevant qualifications to deal with family disputes, as well as the personal and communication skills to facilitate a controlled and calm interaction between both parties.
These are some key skills our collaborative law solicitors provide:
- Communication
- Negotiation
- Empathy
- Collaboration
- Problem solving
- Legal expertise
When to consider using a Collaborative Law Solicitor
We’d recommend that you should consider using a collaborative law solicitor if you are open/able to communicate with your former partner, but still have some tricky legal issues to resolve.
Sometimes, using a collaborative approach can take some time, but it’s still usually quicker and much less stressful than going through the regular court process.
How long does the Collaborative Family Law process take?
The length of the family law process will vary based on how much you have to resolve, the level of conflict and, ultimately, the pace at which you want to take.
Collaborative family law is not dictated by external court timetables, so cases can take anywhere from a few weeks to several months, although longer cases are not as common.
The goal for our team at VM Family Law is to ensure that your collaborative law process is as smooth and efficient as it can be for you, guiding you through a potentially tricky and turbulent time.
The benefits of Collaborative Law
Collaborative law comes with a number of benefits over other methods of dispute resolution:
- Increased control – Assuming you and your former partner can communicate effectively, you’re likely to have more control over your priorities and needs than you would at court.
- Reduced conflict – Encouraging collaborative communication reduces conflict and leads to an amicable resolution.
- Faster resolutions – Usually, collaborative law is quicker than traditional court proceedings. The exception to this is if either one or both parties cannot agree on a certain point.
- Maintaining relationships – Even if a relationship has broken down romantically, it can be beneficial for everybody involved in a split, including children, for both parties to maintain a pleasant and cooperative relationship moving forward.
How is the Collaborative Law process different to traditional court proceedings?
The collaborative law process is different to traditional court proceedings because the focus is very much more on communication and reaching an agreement, as opposed to ‘fighting’ for your priorities.
Particularly because both parties hire a solicitor, communication is open, professional and collaborative. This allows for a much more open process, where resolutions are not enforced, but genuinely agreed upon.
To learn more, or to get started with your collaborative solicitor, contact us.