The collaborative approach to divorce, for appropriate cases, continues to grow in popularity as an alternative to going down the court route and is one of the best options for dealing with separation or divorce with minimum stress.
Collaborative divorce has a high success rate (around 85%) and outcomes can be more creative than litigated orders, with two legal minds helping to identify options that might work for you and your spouse.
Both you and your spouse need separate representation from a collaboratively trained divorce solicitor. Your lawyer supports and advises you in the meetings and throughout the process and you will all work together as a genuine team in ‘4-way’ meetings. Collaborative experts can be brought in if needed, such as a financial consultant and/or a family consultant/coach to help work through the more complex issues. An agreement is signed at the outset that we will not litigate and we will keep talking until all issues have been resolved in a respectful, open and honest way, which agreements are then converted into legally binding consent orders.The beauty of this method is that you control the pace of the process, what goes on the agenda and you retain control over the outcomes.
Unfortunately if agreements cannot be reached and the process breaks down, this means you and your spouse both need to start afresh with new lawyers, as your collaborative representative is not permitted to litigate on your behalf (although this could be taken as a positive, as it keeps everyone talking at the table and gels us to the process).
The type of process you opt for, and also the lawyer you choose to represent you will both impact on your divorce journey and likely outcome. Getting the right advice and support from the outset makes a huge difference and allows you to control the situation rather than the situation controlling you.
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