Collaborative Law can be used by parties when considering many different areas of family law. Collaborative law is a practice with the intention of resolving disputes amicably and co-operatively and should be considered as an alternative to the Court process which may be far too rigid for many families who wish to deal with separation and divorce or civil partnership dissolution in a more flexible manner. The central feature of the practice is for all parties (including that of their Solicitors) to enter into an agreement that they in principle are agreeing not to litigate their issues at Court; if parties subsequently decide to litigate through the Courts, then their respective Solicitors would be disqualified from acting. The main purpose and benefit to this is that all parties are committed to dealing with matters in a co-operative and respectful manner by working together.
The parties are fully involved in the process and can avoid the requirements and timetable that would be imposed upon them by the Courts. However, you will still be advised fully throughout this process. This can lead to speedy solutions and more flexible settlements. Where appropriate, the collaborative approach can involve other specialists such as Family Consultants, Accountants and Independent Financial Advisors who should all be collaboratively trained and any advice they provide would be on a neutral basis.
Listed below are a few points that you may wish to consider when deciding on this process:-
- there is a the fundamental need for you both to deal with matters in the most pragmatic and decent way possible;
- the great importance that you both attach to continuing your children’s good relationship with the other parent;
- your belief that if things are managed in a good way and that however painful that will be, you will both be able to resolve the issues that remain and need to be addressed between you in as positive way as possible that makes most sense to both of you; and
- that this process may enable you to bring closure to this chapter in your life in a dignified manner which will hopefully help you to preserve the memories of positive and good times that you have shared and which will enable you to promote positive outcomes and relationships between you (and any relevant children) going forward in the future.
For the process to work, both parties will need to consider some of the following to their circumstances:-
- it is a process that must provide a place for you to both:-
- really examine the issues that you have (rather than feel that you have to make quick “take it or leave it” decisions);
- to identify all possible options to help solve those issues;
- which helps you to “reality-test” carefully the consequences of your choices, so that when you reach a conclusion, you can both sense that it is the best of the options that could be identified;
- you would be able to share your views and most importantly to hear and also to be heard;
- you have the benefit of our experience and as required other professionals experience who have dealt with these problems in the past and who can share with you how others have addressed the problem, and, indeed share with you both the confidence that a resolution can be achieved;
- be helped to structure your discussions as to be able to focus and bring the issue to a conclusion; and
- bring third party experts to enable you to manage all of the issues (for example pensions) in a positive way.
Collaborative Law can therefore be very useful for many different family situations, for example, it can be used to draft agreements (for example, a co-habitation or pre-nuptial agreement); to assist in resolving disputes in relation to children as well as for divorce or civil partnership dissolution and related financial issues.
For further information and a leaflet please contact Paul Wild on 0118 958 9711
For detailed information on Collaborative Law, please go to the website www.collabfamilylaw.org.uk
Justin provided me with legal council on behalf of Barrett and Co. I would highly recommend the initial consultation, as this helped outline the matter and provide me with possible options. Justin is personable, clear and concise and I would definitely recommend his services.
'I had no prior knowledge of this firm, until I telephoned the office based on Google reviews and with only a few days left prior to the case unfolding, the pressure was really on!! The approach of every staff member was gentle, caring and unusually courteous. I was terrified at the prospect of my chances, especially as the other side had considerable experience in court. Both Justin Sadler and Chris Miller were warm, sympathetic, calm and completely unperturbed; they immediately suggested a way forward and then recommended their choice of Counsel. I had my doubts and was like a rabbit in headlights; Chris carefully guided me through the process and kept me calm throughout. The result was an outright victory. An amazing result, delivered with care, attention and I was charged less than the amount of work actually delivered! A highly unusual firm of solicitors. Huge thanks to Chris/Justin.
Would like to place on record my thanks to Chris Miller who worked on our case. Great support and hard work to ensure we came out with a positive outcome. Would not hesitate to contact or recommend Chris, Justin and team to help with any future cases. Thanks again, Joe
I have recently used Barrett & Co to assist me with my divorce and can only say good words about the experience. Paul Wild especially not only provided reassuring advice, but his professionalism (and indeed, that of everyone at Barrett & Co) made me feel supported throughout the whole process, and left me with the feeling that he genuinely cared about my situation. The level of dedication displayed by not only Paul but also Richard Ince in the conveyancing team was top notch, in particular when turning work around within tight timescales, and keeping me appraised throughout so nothing came as a surprise. I will definitely use Barrett & Co for any legal needs in the future - very highly recommended!
Barrett & Co come highly recommended. I recently worked with Alan Warnes on a property sale that was very complicated due to changes in the lease, and dealing with difficult and lengthy queries from the buyer's solicitors, and Alan guided me expertly through the process. His tenacity, patience, legal expertise and good humour were greatly appreciated. I have used Barrett & Co's services for previous property purchases and sales, for declarations of trust, and one of the partners also became executor to my parent's estate several years ago. They are very professional, and also warm, friendly solicitors to work with. I would not hesitate to engage them again if the need arises.
Thanking Justin Sadler and Chris Miller for being so welcoming, understanding, supportive, very dedicated to our situation. They are very professional and a very committed legal team! Also the receptionists were always welcoming and kind. I would highly recommend Barrett and Co Solicitors in the first instance!
I had Justin Sadler work with me, giving excellent advice and general support with a very difficult, complex case against an ex-business partner. Happy to say that I got a full settlement before going to court, as with that advice, I was in a very strong, empowered position to emphatically 'win' my case without incurring additional court costs!
Jane Whitfield was friendly and professional and I found the process of making a will to be easy and straightforward. I would thoroughly recommend.