Sunday, 4 October 2009

A BETTER WAY TO DIVORCE


In September I completed training in collaborative practice. Six solicitors in Tees Valley, along with many others across the North East region and the country nationally, are now offering a new way to divorce. It’s a revolutionary approach which helps reduce the emotional cost on couples and their children when families split. Instead of dealing through solicitors, the new approach, called collaborative law, involves couples working with their solicitors, all together in the same room, to reach agreement without the need for costly and stressful court battles.

In 2007, 128,000 marriages in the United Kingdom ended in divorce. Sadly, family breakdown is a fact of life. Unfortunately, the consequences are often devastating for spouses and their children and can lead to personal trauma and turmoil. Members of Resolution, a 5700-strong group of family lawyers, commit to minimising the financial and emotional pain it causes. We do this by adopting a conciliatory approach which puts the needs of any children involved first. Collaborative law is a natural extension of this idea. By all sitting together, we ensure that couples stay in control of their own futures, instead of leaving decisions to a judge in a courtroom. The focus is on solutions rather than confrontation. Where it has been practised elsewhere in the UK, it has achieved remarkable results. I’m confident that it’s going to do the same in the Tees Valley area too

Both parties and their lawyers pledge to work together to negotiate an agreement without going to court. If an agreement cannot be reached, and court is seen as the only solution, the lawyers involved cannot act for either party in the subsequent court case. This means that everyone involved (including the lawyers!) has an incentive to settle the case.

More details are given on the Resolution website and also on You Tube by Mogers Solicitors and on Richard Sharp’s Blog that has been titled Family Law Collaborative Blog.

4 comments:

rayan said...

I really appreciate your post, you give such valuable information which can help many people where they don't know how deal in the situation when one's need proper Divorce advice
.

Keep it up and let me know when ever you put new post.

Rayan

Richard Sharp said...

Thank you for drawing attention Collaborative Law to the www.familylawcollaborativedivorce.co.uk blog.

Here are a couple of quotes from clients in Bath who used Collaborative Practice to help them through the transition that followed a separation or divorce:

"Collaborative Practice puts the kids first, All the decisions are what we made - not the lawyers or the judges. It gave us control over the outcome of our divorce."

"I tell people that you can choose collaborative or spend £25,000 and a lot of sleepless nights on a traditional divorce because Collaborative Practice expedites the process. The normal ritual is to demoralise the other party. Collaborative builds trust and finds closure."

And finally from a Collaborative client 2 years on: "We’re all very well. The kids have settled into the new routine of life. Overall they seem happy and well adjusted. We have regular “family days” where we spend the day together. My ex and I remain flexible with our childcare arrangements."

I shall look forward to reading about the clients that have been helped by collaborative practice in Tees Valley

Xponent said...

I don’t prefer divorce. Divorce is one of the highest ranking causes of anxiety and depression. Divorce can cause huge financial burdens, pain for all children involved, and pain for adults and loving family members who have grown close to the couple. Mental pain is the most prevalent of abusers during a divorce. The couple should be sure not to dwell on them and think of divorce when there is no other way. They should seek professional help, too. Recently I explored a very good website breakingup-coping-healing-and-makingup.com which is dedicated to relationships. I hope your readers will be helped by this site.

Wade P. Luther, Esq said...

Collaborative law can be an excellent tool to help couples resolve their issues without incurring significant attorney's fees. In Florida, it does required both parties in a divorce to commit to reaching an agreement. If an agreement cannot be reached, then both divorcing parties are required to obtain new lawyers to go through the litigation process.