7th Jun 2022

The Collaborative Family Law Process – It makes so much sense!

The Collaborative Family Law process provides the best prospect of a swift and amicable resolution of issues arising from relationship breakdown. The advantages over a traditional court-based approach are clear. There must be greater awareness of and information about the process made available to people facing marital issues.

So how does the CFL process differ from going to Court?


Court

- A STRANGER (Judge) makes decisions about the shape of your future as a separated family

- Strict application of legal principles and processes, regardless of your circumstances

- Adversarial and potentially emotionally damaging process

- Lengthy, expensive ‘one size fits all’ legal process. Often over a year

- Outcome based solely on applicable Law

- Constraints on involvement of other relevant professionals

- Legally restricted options and lack of flexibility on outcome

- Legal wrangling and dispute over sensitive family matters

- Solicitors’ letters going backward and forwards. Hiding behind lawyers and risk of misinterpretation


Collaborative

- YOU make joint decisions about the shape of your future as a separated family

- The process is tailored to meet the needs of your own family circumstances

- Emphasis on preserving future relationships particularly for the benefit of children

- Potential resolution of all issues within weeks, not months (or years)

- Recognition that divorce involves not only the Law, but also emotional and financial issues of equal (if not greater) importance

-Access to separate advice and support from other professionals as required, e.g., financial adviser, counsellor, accountant

- Completely unrestricted options on outcome. YOU decide what is important to you and your family

- BOTH lawyers have a duty to assist the couple in finding an agreed solution

- NO solicitors’ letters. All discussions contained in ‘4 way’ meetings. Complete transparency

 

I have been qualified to act for clients in the collaborative process since 2005 and have successfully concluded numerous cases on this basis. As a lawyer with experience of litigation I have seen the damage it can cause and feel passionately that the collaborative process is the ‘right’ and ethical way to approach sensitive family law issues. Please contact me for a free no obligation chat if this is of interest to you, or anyone you know.

William Kaye is a Senior Consultant Solicitor in Berwins’ Family team. If you need any support or guidance on any of the above, call our friendly team on 01423 543 108.

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