Separation or divorce can be an extremely emotional and stressful time and very often the thought of having to go to Court to resolve financial issues or the arrangements for your children can cause added anxiety.
The collaborative process is designed to reduce the stress and anxiety caused by separation by encouraging the parties to find a solution to any issues by agreement in a constructive and non-confrontational way
If both parties decide that the collaborative process is for them, each party will appoint their own collaboratively trained lawyer. The parties and their respective lawyers all then meet together to deal with both parties’ priorities and concerns. This may be how the finances will be shared or what arrangements need to be made for any children. Sometimes only a couple of meetings are needed, in other cases 4 or 5.
By having your lawyer by your side throughout the process ensures that you have their support and legal advice throughout the process.
Both parties and their lawyers sign an agreement preventing the lawyers from representing the parties in Court if the collaborative process breaks down. This means that both the parties and their lawyers are committed to finding the best solutions by agreement, rather than through Court proceedings.
Sometimes, other professionals are involved, such as financial specialists, or people trained to assist children in understanding and coping with the changes that are happening.
Once an agreement is reached, documents detailing the agreements you have reached will be prepared and signed and your lawyers will explain anything else that needs to be done in order to implement those agreements.
Christina Rockwood, partner at Miller Parris is trained in the collaborative process. Christina said “The process offers many benefits compared to a more formal legal route. For example, it could enable both parties to have more control over their timetables to a certain extent and also potentially enable both parties to agree matters in a more constructive and non-confrontational way. This is particularly important in cases where there are children involved and both parties will accordingly need to have a continuing relationship”.
If you feel that the collaborative process is for you or would like to find out more, please contact Christina Rockwood on 01903 205771 or at firstname.lastname@example.org.
Miller Parris are able to offer a free, initial half hour consultation if this is appropriate.