We understand that every circumstance is different and therefore the approach that is right for one person is not right for another.
Whilst the more traditional route of going through the courts or negotiating through solicitors remain the right course of action, our family lawyers will explain the other options available and help you choose the right process for you.
One alternative option that you may wish to consider is Collaborative Law.
What is Collaborative Law?
The Collaborative Law process involves having negotiations with your ex-partner by sitting down in the same room with both of your specially trained collaboratively lawyers present. This allows you to have discussions face-to-face with the support of your lawyers.
All parties, including the lawyers, sign up to a participation agreement which sets out everyone’s commitment to trying to resolve the issues in an amicable and constructive way, without going to court. This helps promote amicable discussions rather than increase the conflict as court proceedings so often do.
In some circumstances other professionals such as financial advisors, accountants or pension actuaries can be brought into the Collaborative process to provide neutral information and support to help facilitate those involved reaching an agreement.
For more information about Collaborative Law please see our frequently asked questions.
Is Collaborative Law the right option for you?
The Collaborative process is not right for everyone. For the process to be successful you and your ex-partner should:
- Be willing to be in the same room as your ex-partner and discuss with them the issues that have resulted from your separation such as the arrangements for your children or financial matters;
- Have a desire to reach an agreement amicably with each other and wish to avoid going to court;
- Be prepared to be open and honest with each other in relation to your financial circumstances;
- Want to explore options that can meet both of your needs.
What are the advantages of Collaborative Law?
- It is amicable
Many couples who are going through a separation want to maintain a good relationship with each other, especially when children are involved. The Collaborative process offers an opportunity for separating parents to work together with the help and support of their Collaborative lawyers, without the threat of court proceedings approaching.
Typically the costs are significantly less than pursuing the matter through court proceedings.
- Legal Advice
You still benefit from having the support and independent advice from your own lawyer who is with you each step of the process.
- You are in control
In the Collaborative Process, unlike when going through Court, you are in control, You set the agenda, you decide the timetable and ultimately you decide on the outcome that is right for you.
Collaborative Law at Lupton Fawcett
If you are going through a separation or divorce and think that the collaborative approach is right for you, or if you want to discuss your options with one of our experienced lawyers, then please contact us using one of the options set out below.
We are able to offer collaborative law in our Leeds, Sheffield or York offices.
You can get in touch with our Leeds, Sheffield or York office by calling us on 0333 323 5292, by emailing us or by filling in the enquiry form on this page and letting us know a suitable time to call you back.