Collaborative family practice
Unfortunately, with around 40% of UK marriages ending in divorce,
relationship breakdown is a common occurrence. It’s a time when
you need to make important and long-lasting decisions about your future
that will affect both you, your children and others around you. It’s
also a time when you are likely to be experiencing considerable emotional
turmoil.
At Wards, our family lawyers are experienced in providing practical
and supportive advice, helping you identify and prioritise the issues
and offering solutions. In doing so, we can remove a significant part
of the uncertainty and stress from the process.
One of our lawyers specialises in collaborative family practice,
which is a new way for divorcing or separating couples to work
together as a team with trained professionals, to resolve disputes
respectfully, without going to court.
Each client has the support, protection and guidance of his or
her own lawyer. Together, the lawyers and clients form the
collaborative component of Collaborative Practice. The lawyers agree
that they are there to help the clients through the collaborative
process, they are not there to take the case to court and are
prevented from doing so.
The main elements of Collaborative Practice are set out in a
contract called a Participation Agreement, which both the lawyers
and the clients sign.
How collaborative practice works
Collaborative practice is all about working as a team:
You and your partner will each choose a specialist collaborative
family lawyer.
Your lawyer will discuss with you, during an introductory meeting,
whether your case is suitable for this process.
You and your lawyer will meet your partner and their lawyer to sign
a Participation Agreement. This agreement sets out the ground rules
for the Collaborative Process and stipulates that if either client
commences court proceedings, both lawyers must cease to act and both
clients have to find new lawyers to take them through that court
process.
Underpinning the Collaborative Process is an understanding that you
and your partner (and your respective lawyers) will act in good
faith in all of your dealings with one another and respect the fact
that differences may need to be expressed to achieve a fair
settlement.
The majority of the negotiations will take place at what are called
“4 way meetings”, where you, your partner and both lawyers will meet
to discuss all of the issues. Having everyone present ensures that
you and your partner retain control of the process and the scope for
misunderstandings is reduced. Discussions take place in a
non-confrontational manner, which is particularly important if you
are parenting children together.
The meetings are minuted and action points for future meetings are
agreed upon.
After each “4 way meeting” you will meet with your lawyer to discuss
issues that have arisen and further issues that still have to be
addressed.
There is no letter writing to address issues, these are all dealt
with face-to-face at the meetings. This is a very effective way of
ensuring that any and all areas of the process are discussed openly.
Once agreement is reached, the lawyers can draw up an agreed
document that can then be submitted to the court for approval. You
and your partner will not need to attend court throughout this whole
process.
Who should I contact?
Philip Simon is a Partner with many
years' experience of family breakdown issues. He is trained in
collaborative family practice methods.
Contact Philip by E-mail
or telephone him on 0117 943 4800.