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Parents communicate better in mediation than they do in litigation
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Is Collaborative Law Process Right for You? 10 Questions To Consider.

Published on
Austin Chessell www.thedivorcemagazine.co.uk
Austin Chessell

Collaborative law process is where the couple come together with their own collaborative lawyer and discuss matters fact to face.

There are no letters sent.

Each client instructs their own collaborative lawyer and they, the clients and the solicitors sign an agreement not to make an application to court. If no agreement is reached in the meetings then new lawyers must be instructed if the matter is to go to court.

Is collaborative law process the right one for you?  

Here are your 10 questions:

  • Has the relationship totally broken down? If it has not you may want to consider couple counselling with an organisation like Relate to see if any communication difficulties or other matters that have arisen can be resolved without ending the relationship. To locate a couple counsellor or psychotherapist in your area you can refer to the counselling-directory.
  • Has an agreement been made as to how the finances can be divided and how the childcare arrangements will work e.g. during the week, weekends and over the holidays?  If so, then consider working with a collaborative lawyer.
  • Would you prefer to decide what is going to happen to the family yourself or would you prefer for the Judge to make the decision for you? In my experience the separating couple knows what works for them. A judge will be provided with your background situation but what is ordered may not suit either of you.
  • How quickly do you want to resolve things between you? A court hearing can take around 6-8 weeks to get listed while Collaborative Law can work at a much quicker pace as you remain more or less in control of how the time is utilised.
  • Do you want to keep the discussions about the separation private?
  • Do you want the views of the children to play a part in the discussions? Some Collaborative professionals are trained to work with children. They need to have completed a direct consultation with children training, had a CRB check and obtain the written consent of both parents. If you go down the Court route it may be a CAFCASS officer who is appointed to work on the case and there can be several meetings which may not suit everyone’s schedule and it can take several weeks to receive the CAFCASS report.
  • There are legal issues to resolve but also one should not forget the emotional impact the separation can have. Do you want to address the emotional issues too? Collaborative practitioners can work with Family Consultants who can meet you before and take part in the joint meetings to ensure that any hopes and concerns are kept at the forefront of discussions while the Collaborative Solicitors look to aid you with the legal issues.
  • If an agreement is reached would you like to call on the opinion of a financial expert or barrister? This is possible in the collaborative process. It may be one client does not have the same financial or legal understanding as the other client and wants to meet a financial expert or barrister to ensure they are up to speed with what has been agreed and also discuss financial projections or legal implications for the future to check that what has been agreed will work in the long term.
  • Do you want to resolve everything out of court? This is possible with Collaborative Law. It is one of the main principles of this process that you will not make an application to court and if you do then your solicitor would need to stop acting for you. Court can encourage positional stances which may not achieve a good outcome for everyone.
  • Do you want to reality check what has been agreed with your former partner and ensure that it meets the needs of everyone? With children matters this can be important. Even though it may be agreed to separate and live in different households you are still going to need to liaise with each other for future childcare arrangements. Making sure what has been agreed will work can only aid building communication between you which is best for your child.
  • Do you want to reality check what has been agreed with your former partner and ensure that it meets the needs of everyone? With children matters this can be important. Even though it may be agreed to separate and live in different households you are still going to need to liaise with each other for future childcare arrangements. Making sure what has been agreed will work can only aid building communication between you which is best for your child.

The above should give you an indication if Collaborative Law may work and be the right process to follow for you and your former partner if you decide to separate. If you are unsure you can always speak to a Collaboratively trained Family Solicitor who can provide more details about how Collaborative Law works in practice.

Austin Chessell is a Professional Practice Consultant (PPC) at FAMIA across Inner and Greater London.

 Austin is also a Collaborative Family Solicitor at Feltons Solicitors and is a member of the Collaborative Pod group Essex Family Solutions.

 Email: achessell@feltonssolicitors.co.uk

Twitter: @FamilyLawLondon

 

 

 

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why work with a divorce lawyer
Divorces are extremely stressful and they can be further complicated when children are involved.

Divorce Tips – Working with your Divorce Lawyer

Published on
Andrew Woolley of Woolley & Co. Solicitors
Andrew Woolley – Founder Woolley & Co. Solicitors

Divorce Tips

Engaging the services of a divorce lawyer can be daunting.

You can take all the advice in the world from friends and family, look for recommendations and do your background research, but you have to decide at some point and you need to make sure that the two of you gel and work effectively together to have the best chance of getting the outcome you want.

You don’t need to leave this element to chance though and by following a few simple rules and asking a few relevant questions at the outset, you have a much higher chance of working successfully with your family law specialist.

Don’t be afraid to ask

The law is renowned for its jargon and it is very difficult for trained specialists to realise those terms that are common knowledge and those that need further explanation. In short, if you don’t understand ask.

If you are discussing matters with a lawyer for the first time and they are using a lot of jargon which leaves you floundering, perhaps they are not the right fit for you.

If there are just a few terms for which you could do with extra explanation, ask and see how they respond. If they are able to go back and make the point clearly and try and cut out jargon after that, it is likely to put you more at ease, which is exactly what you need. It will also be some measure of their experience and knowledge of family law.

Pricing is also something which can cause people to feel uncomfortable, so ask how you will be charged, how much everything will cost and whether things can be done for a fixed price.

Fixed fees are increasingly popular as they can provide complete transparency, allowing you to budget for the costs involved. Ask exactly what is included and if there will be a final bill or will the invoices come at key milestones. Remember, divorce is the legal ending of marriage.

It does not include time spent settling financial affairs or reaching an agreement on where your children will live.

Expert advice on these areas is likely to fall outside any fixed fee for the divorce itself. Clarity on what you are going to pay will help you work with your solicitor as you are not worried about what it is going to cost or whether that extra phone call or letter is going to push you over budget.

Be open

For a successful working relationship with your divorce solicitor, you will need to be completely frank with them from the start and clear about what you want to achieve: what is most important to you? Stick to this and be aware that if you change your instruction halfway through the process this could incur additional work and additional costs for you.

You will need to supply all relevant information when it is asked for, so it is worth getting your affairs in order in advance so you have the right documentation. If you are trying to reach a financial agreement with your partner, for example, there will be a process called financial disclosure, in which you’ll need to supply bank statements and other financial records.

Use your lawyer for their legal expertise

Use your lawyer for the things they are good at, and nothing else if you can help it.

This may seem obvious but, so often, because of the level of discussion needed on certain subjects surrounding a divorce, it is easy to slip into discussing bigger issues. A certain amount of this is inevitable but you are paying a lawyer for their legal knowledge.

They might not be the best person from whom to seek personal advice or emotional support. Family, friends or professional counsellors can help you through the emotional turmoil.

Be realistic

You need to trust your solicitor to do their job. Trust is one of the key ingredients to a successful working relationship. This is helped enormously if you are realistic about the outcomes of the process and the time it will take. Your lawyer can be (and should be) clear on this.

If you “want to take them to the cleaners”, your lawyer should advise that this is not the right approach and is unlikely to lead to a good outcome for anyone. They can advise on what is reasonable to expect and what is not.

In terms of timescales, it will take some months but by arranging a weekly or fortnightly phone or email catch-up, you can be sure to have the latest information and an update on where things are without sitting at home worrying about what is happening.

Above all, you need to keep in mind that a good, experienced family law specialist is there to help and wants you to have the best outcome possible. Choosing carefully and ensuring you work well together will help everything run as smoothly as possible.

About Andrew Woolley

Article written by Andrew Woolley of Woolley & Co, Solicitors.  Woolley & Co is a firm of family law specialists with a team of 22 divorce and family lawyers operating throughout England and Wales.  We offer a free initial telephone appointment to discuss the legal issues you face and explain how we can help.

Call Woolley & Co. on 0800 321 3832

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