A better way to separate - understanding the collaborative legal process

If you are going through a separation or divorce, it is very easy to assume that Court is the only way forward. For many people, that feels stressful, expensive and far more confrontational than it needs to be.

The collaborative process offers a different approach. It is a form of Non-Court Dispute Resolution that allows you and your former partner to work things out together, with the right legal and professional support around you. It is commonly used for sorting out finances after divorce and making arrangements for children following separation.

At francis george solicitor-advocate, we work with clients across Swindon and Witney who want a more constructive, forward looking way of resolving family matters. 

So, what is the collaborative process?

In simple terms, it is a way of conducting matters and negotiations leading to reaching an agreement without going to Court, while still having the reassurance of legal and other professional advice throughout.

You and your former partner each appoint your own collaboratively trained lawyer. Rather than negotiating through letters or preparing for a hearing, you all sit down together in a series of meetings and work through the issues face to face.

Importantly, you are never doing this alone. Your lawyer is there with you at every meeting, advising you as things progress and helping you make informed decisions.

Where needed, you can also bring in other professionals to support you. That might be a financial adviser to help with budgets and assets, a family consultant to support communication, or a child specialist to make sure your children’s needs stay front and centre. Together, these professionals form your collaborative team.

At the very start, everyone signs an agreement confirming that you are committed to resolving matters without going to Court. That shared commitment tends to keep everyone focused on finding solutions, and that opens the possibilities to other avenues to resolve any sticking points such as Arbitration, so Court is still avoided.

What does the collaborative approach actually involve?

Once you have both decided that the collaborative process is right for you, things move forward in a structured but still flexible way.

Before the first meeting

You will each meet your own lawyer to talk through your situation, your priorities and what you want to achieve. This is your chance to get clear on what matters most to you and how best to approach the discussions.

Your lawyers will then liaise with each other to arrange the first joint meeting.

The first meeting

This is often called a four-way meeting, as it is the two of you and your two lawyers sitting down together.

The focus here is on setting the tone for the process. You will both have the opportunity to explain what is important to you and what you hope to achieve. You will also agree what needs to be discussed next, whether that is finances, property or arrangements for children.

The next meetings

From there, you will move through a series of meetings that focus on resolving those issues step by step. These meetings are tailored to meet the needs of each case on an individual basis.

Some discussions may be straightforward, while others may take a bit more time, but everything is geared towards reaching an agreement that works for both of you. If needed, other professionals can be brought in at the right stage to help, whether that is dealing with financial complexities or supporting co-parenting arrangements.

Reaching an agreement

Once you reach an agreement, your lawyers will make sure everything is properly recorded and, where necessary, made legally binding.

How long does it take?

One of the biggest advantages of the collaborative process is that it is not driven by a Court timetable.

Instead, it works around you. Some matters can be resolved in just a couple of meetings, while others may take a little longer. The pace is set by what needs to be discussed,how quickly you are both able to reach agreement, and during a timeframe that works for you.

Why do people choose this approach?

For many clients, it comes down to wanting a better experience during what is already a difficult time.

The collaborative process:

• Helps keep costs down, as you are not preparing for or attending Court, or engaging in lengthy and frequent correspondence via letters and emails.

• Keeps things more amicable, which can make a real difference, particularly where children are involved

• Is often quicker and more flexible, without the delays of a Court timetable

• Gives you far more control over the outcome, rather than having decisions imposed by a Judge

• Provides the right support at the right time, whether that is legal, financial or emotional

Our collaborative law service in Swindon and Witney

We are pleased to now offer the collaborative process to clients across Swindon and Witney, and the surrounding areas.

Our team includes two collaboratively trained solicitors, Megan Want and Sian Kalynka, who can guide you through each stage with clear advice and a practical, supportive approach.

We understand that no two situations are the same, and we focus on helping you reach an outcome that is fair, workable and tailored to your circumstances.

Ready to talk?

If you are separating and would prefer to avoid Court where possible, the collaborative process could be a very good option for you.

Get in touch with francis george solicitor-advocate in Swindon or Witney to have an initial conversation. We will talk you through your options and help you decide on the best way forward for you and your family.