Ever heard of a friendly divorce?
Breaking up is never easy and no matter the reasons behind the divorce, litigation over the terms of the separation can be distressing and expensive. ‘Family collaborative law’ adopts an approach to divorce that avoids allegations and accusations. It aims to preserve dignity in divorce and avoid the kind of battles seen in the acrimonious divorce of Paul McCartney and Heather Mills McCartney. The first family collaborative lawyers trained in 2003. Three years on, there are now more than 1000 in the UK and Ireland.
While the collaborative approach is not an easy option, it does offer reduced costs and more flexibility. The central feature of the process is a pledge by the couple and their lawyers not to issue court proceedings. This provides a commitment from all sides to resolve disputes through co-operative and respectful negotiation and focus on what is important to them.
By avoiding expensive litigation, this approach can reduce costs. But its main advantages are speed and flexibility; clients dictate the pace of the proceedings. For some, this means that the issues can be resolved relatively quickly and constructively through a series of face-to-face meetings.
An important element of the process is the involvement of other professional services such as family consultants, counsellors, coaches, financial advisors and accountants and who can help to deal with the emotional and financial difficulties. By following the client’s lead and allowing them to control the situation, family relationships can be safeguarded for the future.
Lynne Barton, lawyer at Aldridge Brownlee Solicitors LLP says:
“Divorce is inevitably an emotionally-charged and painful process. Clients would rather not face expensive court proceedings which potentially produces an unsatisfactory conclusion. By working together with their solicitors, outside the court process, clients can with the help of their lawyers. Resolve problems themselves and other family consultants within a timescale which they are compatible with.”
For client-led advice on family collaborative law or for advice on any other aspect of family law, speak to Lynne Barton at Aldridge Brownlee Solicitors LLP on 01202 294411.
