It can be difficult enough for those who separate to even begin thinking about what the process involves particularly when dividing assets and agreeing arrangements in respect of the children. All so often, the process can be considered costly and contentious. There are, of course, some situations where court proceedings are inevitable, and we can and will assist where needed in these situations. However, even in situations where separating couples feel there is no alternative to court, there is a requirement to consider and demonstrate an attempt at other means of dispute resolution.
One form of dispute resolution is the collaborative process. I have recently been accredited as a Collaborative Lawyer, which means I can navigate those looking for a fair and amicable resolution through a voluntary, out-of-court process which offers a bespoke solution.
The process is voluntary and involves couples and their solicitors discussing arrangements at roundtable meetings. These meetings will include discussions and negotiations all of which are conducted transparently so separating couples can reach agreements without going to court and therefore reducing anxiety, timescales and costs involved in separation. If experts are required, such as financial advisors, pension experts, they too can be involved in the meetings.
What is collaborative law?
This process means you are not restricted by a court timetable, and instead free to deal with the arrangements at your own pace but in a supported environment
How we can help
I have set out below briefly, how the process works:
- The first meeting is held with me where I explain how the meetings will work. You would set your objectives which would be used throughout the process.
- I would speak to your former partner’s collaborative solicitor to agree the agenda for the first meeting and the primary objectives. Together we would ask that you both commit to the process by signing an agreement that you wish to work together towards a settlement and neither of you will start court proceedings whilst the process is ongoing. This ensures that everyone is committed in reaching an agreement together without issuing court proceedings.
- The meetings will be held together allowing everyone an opportunity to discuss objectives and raise concerns with a view to reaching an amicable solution.
- There can be as many meetings as couples choose and this largely depends on the issues at play, however generally you can expect between 2 – 4. Once agreement is reached, the terms are set out in a consent order which is then approved by the court.
If you have discussed separation with your partner and prefer an out-of-court resolution, reducing the cost and stress associated with proceedings, please do not hesitate to reach out to Bhini.
