Divorce and Collaborative Law
Divorce is an emotive, often life changing especially when children are involved. It lends itself to a non-adversarial, solution based approach and with that in mind two of our divorce and family law solicitors have undergone extensive training on Collaborative Law in London.
Pearson Solicitors Divorce Solicitors, Lucinda McWatt talks about collaborative law, the importance of keeping up to date with the law and the benefits of the collaborative law process.
Changes to Family Procedure Rules
Important changes to the Family Procedure Rules have renewed the encouragement and incentivisation to engage meaningfully with Non-Court Dispute Resolution such as Collaborative Law from the outset. For clients it can be more cost-effective, efficient and flexible than formal court proceedings and tailored to the specific needs and issues of the parties and their families. It also ensures confidentiality, which cannot be guaranteed within court proceedings.
What is Collaborative Law?
Collaborative law is a voluntary legal process in which both parties instruct a collaborative lawyer. It essentially involves having a series of meetings where both parties and lawyers are present to hear the advice being given by the lawyers, which creates total transparency.
“I feel that it is a very family and child focussed approach to resolving matters and is often faster and more cost effective, giving the separating couple an opportunity to explore all options.” said divorce and family law solicitor, Lucinda McWatt.
It is essentially solutions based, involving the early identification of real issues in real time. There are no lengthy letters passing back and forth and the ultimate aim is to focus and minimise the impact a separation has on children and families.
The collaborative process recognises how negative conflict can impact families and promotes co-parenting.
“It helps concentrate the whole situation through more than just the legal lens. It gives the power to the clients to make decisions and results in bespoke workable solutions and recognises no one size fits all."
“Through the process you give a commitment to not go to Court, as quite often the Court process can add to the conflict I have found over time." added Lucinda.
Solicitor and Head of Family Law, Emma Kendall and Lucinda McWatt attended the a 3 day Collaborative Law course in London which was very interactive, involved role play and set activities
Day one emphasised the essential skills required to help with understanding relationships and family dynamics during separation, to aid the development of skills required for the collaborative process. In addition, it focussed on the impact that the normal legal process does not- feelings of mistrust, helplessness, guilt, anger, shame, trauma.
The training concentrated on features of separation that are damaging to children, such as unresolved conflict.
It placed an emphasis on communication – trying to avoid legal jargon, listening and observing, using positive language.
“On day 2 and 3 we concentrated on the collaborative process itself, the benefits, the process and where neutrals such as family therapist could help” added Lucinda.
Collaborative divorce lawyers
Emma Kendall and Lucinda McWatt are now qualified collaborative family lawyers and are looking forward to being able to offer this process as an option to clients to help resolve the difficulties they face following a separation.
The process is not exclusively for divorcing couples, it can also assist in those couples embarking on marriage who wish to obtain a pre-nuptial agreement and those couples who are unmarried and want to agree the arrangements for their children following a separation.
We are pleased to be the only family law firm in Oldham where two of our solicitors have trained in the Collaborative Law process.
How can we help?
For more information on collaborative family law contact our specialist divorce and family law solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk
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