Collaborative Law

Collaborative Law is a process whereby parties agree to resolve matters arising out of the breakdown of their relationship without going to Court. A settlement is reached in “four way” face to face meetings between the parties and their legal advisors, with parties agreeing to give full disclosure of their financial circumstances within the process. The parties remain in control of the process but their lawyers are available throughout for legal advice and guidance. If settlement cannot be reached, new lawyers must be instructed to issue Court proceedings. If settlement is reached however, the collaborative lawyers can deal with the divorce and the recording of any Consent Order to finalise matters. Only approved collaborative lawyers can sign collaboration agreements.

Jane Charlton, a Member (formerly Partner) of the firm is one of only a small number of locally trained Collaborative Lawyers. Whilst based in our Newport Pagnell Office Jane is happy to travel to either the Milton Keynes or Bedford Offices to undertake collaboratve cases.

Frequently Asked Questions

When might collaborative law be appropriate?

Collaborative family law is appropriate when both parties seek a non aggressive resolution of the issues with agreement being reached by the parties. It is useful for parties who wish to retain an amicable relationship, especially when children are involved. It assists in avoiding the costs and animosity generated by Court proceedings. That said collaborative law is not appropriate for all couples and we can discuss with you whether we feel the collaborative process would be viable in your particular circumstances.

Why is it necessary to change lawyers if the process breaks down?

By agreeing not to issue proceedings the parties and their lawyers are freed from the threat of Court proceedings and therefore hopefully more able to find creative settlements to the particular circumstances of the case. As the lawyers agree not to issue proceedings, it becomes necessary to instruct new lawyers if the collaborative process breaks down.

What is the difference between collaborative law and mediation?

A mediator’s role is to facilitate the parties in reaching their own agreement. They cannot give legal advice and cannot implement any agreement reached in mediation – separate legal advice is needed to implement on the agreement reached in mediation and to deal with any divorce.

What if my spouse refuses to give disclosure of their financial circumstances?

The collaborative process can only be effective if both parties agree to give full and frank disclosure of their financial circumstances, backed by documentary evidence. If one party refuses to do so then it may be necessary to issue Court proceedings rather than proceed with the collaborative process.

 

 

If you would like to discuss how we might help you, please:

 

• call any of our office numbers listed at the bottom of this page;
• contact one of our specialists direct by clicking on their name below; or
• complete our enquiry form

 

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Members of our team specialising in this area:

Jane Charlton

Felicia D'Amelio, Saimah Naeem, Anna Sherwood