Services for Individuals
Collaborative Law
Collaborative Law is a process that enables couples to resolve disputes over their children or financial issues on divorce or separation without Court intervention.
- Separating couples agree not to issue Court proceedings to work together with their respective collaborative lawyers towards finding a solution to the dispute
- The process which enables separating couples to mutually agree, with the benefit of legal advice, the division of matrimonial/civil partnership assets
- The process provides an open forum of discussion between the parties with their collaborative lawyers present through a series of four way meetings
- To resolve issues relating to the care of their minor children on separation.
Process
- Each party appoints a collaborative lawyer
- The collaborative lawyer is trained in negotiating skills aimed to resolve the issues between the parties
- Parties enter into an agreement that:
- they will not issue Court proceeding
- that they will provide to one another open and frank disclosure of their financial assets
- that only on the conclusion of an agreement will the terms of that agreement be submitted to the Court in a Consent Order for approval of the District Judge
- the parties acknowledge in entering into a collaborative process that if it is not possible to achieve agreement, the collaborative lawyers will withdraw from the process and the parties will then appoint new solicitors to deal with their case through the process of litigation.
Collaborative Process
A typical example of the process used would involve the following:
(a) Divorce/Separation determining grounds for divorce and who should be the Petitioner;
(b) Determine the arrangements to be made for the care and support of any minor children of the relationship;
(c) How the assets of the relationship are to be divided;
(d) What provision is to be made for maintenance and support of the other party, if any;
(e) In negotiating separation agreements
(f) Resolving disputes about the care of children of a relationship
(g) Pre Nuptial and Post Nuptial Agreements
(h) Resolving cohabitee issues
On conclusion of a collaborative agreement a Court Order is drawn setting out the agreed terms between the parties and then submitted to the Court for approval of the District Judge together with supporting financial information.
Contrast Collaborative and Mediation Work
- Collaborative - Throughout the collaborative process, the collaborative lawyer advises their client in relation to the issues under discussion on whether the proposals made are suitable and fair and workable
- Mediation - A means of facilitating discussions between the parties the mediator does not advise the parties. In conclusion of the agreement, the mediator draws a Memorandum of Understanding and the parties are referred back to their own lawyers for advice on the terms of the proposal agreed.
