Family Lawyers committed to the resolution of family disputes

Promoting a non-confrontational approach to family problems

Berkshire West Collaborative Family Group - Family Lawyers promoting a non-confrontational approach

This is an alternative to the Court led approach whereby the Court will impose orders (which may not please either party) unless you can negotiate a settlement in the course of proceedings. Each partner instructs their own solicitor to act for them. You still have the security of your own solicitor who will guide and advise you throughout the process. Both partners and their solicitors sign up to an agreement that you will all work to find a solution to the problem by face to face meetings and will not go to Court apart from lodging necessary documents.

How does it work?

There is an initial meeting with your solicitor to discuss the options available to you and whether this is the best way forward for you. You will be told what to expect in the meetings and your solicitor will explain how the first meeting will be arranged and what will be expected of you.

You, your partner and both solicitors will sign an agreement at the first meeting, which sets out the basis of the process. In short, you must both agree to be frank and open about the situation and not to make any application to the Court other than is agreed in the process (eg. who should issue a divorce petition), failing which the process may end and you will both have to instruct new solicitors and start afresh. You and your partner will be invited to say what you want to achieve and future meetings will revisit those objectives as a check to ensure that those views are not overlooked.

By the end of the first meeting we will have identified the issues and how you and your partner, guided by your solicitors, wish to take that forward.

Future meetings will be arranged at a pace acceptable to you and, if necessary, can involve other professionals such as specialists in pensions or in dealing with children.

The objective is to find a solution which is acceptable to you and your partner and that, even if thinking "out of the box", is one that your solicitor can recommend as being fair.
 

Who can make use of Collaborative Family Law?

Collaborative Law is available to anyone who has a family law dispute, whether it is at the onset or the breakdown of a relationship (whether marriage, cohabitation or civil partnership) and its consequences or issues relating to children. Your partner must agree to take this option and so if you are considering this route, it is helpful if your partner also contacts a Collaborative Family Lawyer at the outset.

How long does it take?

The benefit is that the process moves on at your pace. If you want an early resoltion, that can be achieved and, often, the process brings a swift outcome. Sometimes, people require a little longer to address the situation and that can be accommodated. The timetable is in the hands of you and your partner, rather than the Court.

Further information

If you click the link to the Resolution public site, you will find more information.

What is Collaborative Family Law?