Collaborative

Family Law

THE NEW WAY TO AVOID CONFRONTATION

At this time of year, most of us are re-adjusting our activities and routines to get back into the swing of work and family life following the Christmas and New Festivities

Sadly, we sometimes find that personal relationships can break down over the holiday period, given the stresses and strains of modern living.

When a relationship breaks down, couples need not only the support and understanding of friends and colleagues, but also a way of handling the emotional trauma of a divorce which will result in the best solutions for all concerned. 

A new approach to handling divorce is called Collaborative Family Law.  In our area, some solicitors now offer this alternative approach under the “Hull Collaborative Lawyers” scheme.

We spoke to Sally-Anne Neal, who practises with Sandersons, the only Beverley firm to offer this approach.  Sally-Anne is a highly experienced Family lawyer and is a member of Resolution, formerly the Solicitors Family Law Association.  She told us that lawyers who practise the Collaborative approach have all the technical legal expertise needed but in addition, they have been trained to work collaboratively and must be skilled and compassionate about what they do.

The unique difference of Collaborative Law is that both partners and their respective solicitors enter into a written agreement not to fight it out in court.

Both partners and their solicitors sit down together and everyone commits to reach agreement on the financial, family and property matters concerned, so that you work out a satisfactory solution together.

Settlement discussions take place in your presence, which helps both partners remain in charge of the process.  It is of course crucial and imperative that both partners have the duty of full and frank disclosure of all relevant information and documents within the process.

Correspondence between lawyers is discouraged, thereby keeping costs and potential acrimony to a minimum.

Collaborative Family Law is not for every client, or indeed every lawyer, but it is worth considering if you want a dignified, non-aggressive resolution of the issues without confrontation.  It also requires the full commitment of both partners and the recognition that where no agreement is reached, you will have to appoint new solicitors to handle your divorce should court proceedings become necessary.

Many couples who use the collaborative approach have found that it works well and the outcomes are similar to the traditional approach, without the added strain and costs of protracted lengthy court proceedings.

If you would like to discuss collaborative law, or indeed approach Sally-Anne to proceed in the traditional manner, she can be contacted on 01482 324662 or e-mail sneal@sandersonssolicitors.co.uk

You can also get general information on Collaborative Law on www.collabfamilylaw.org.uk.

Source:  Beverley Advertiser,  January 2007