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Divorce But Not As We traditionally Know It

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Dispute Resolution Week November 23 - 27

Raising awareness to highlight an alternative for separating couples and their families is part of Dispute Resolution Week with two Oldham law firms offering a free session to individuals aiming for amicable separation.

Collaborative Law is a new idea in UK divorce law as a solution for divorcing couples to help reduce the emotional and financial cost on them and their children.  It can also be useful for couples who have simply grown apart but remain amicable. 

AsPearson's Collaborative lawyer, Tracy Crompton, explains:  “Traditionally when couples split each take independent advice and through lawyers aim for an agreement on how best to settle differences, decide arrangements for the children’s care and to how split the assets.

“If this cannot be agreed it’s left to the family court to decide often creating delay, uncertainty, economical and emotional costs, but there is another way via collaboration.”

Tracy is a firm believer that for many couples conciliatory separation is best way forward:   “It’s a transition from being adversarial to really working out something that’s better for everyone and is especially important when children are involved.  However, both parties must be in the right frame of mind to opt for collaboration,” she warns.

“Through round table negotiations and by taking the right advice from a collaborative lawyer couples can save time, money and heartache. It’s divorce but not as we traditionally know it and it’s as amicable as possible under the circumstances.”

Collaborative law couples talk about the problems together with their representatives and work out a solution that is right for the whole family, with the added bonus of professional support and documentation.

“It can also provide a much better solution for the children of a separating couple by helping maintain a good working relationship,” added Alison Winterbottom, of collaborating law firm North Ainley.

With collaborative law, once a couple have reached agreement they can both be confident the settlement is legally binding, it can be sanctioned by the court without either party having to step foot into the court room making the process quicker and cheaper.

During the awareness week (Nov 23 – 27th) individuals can call Tracy at Pearson Solicitors or Alison at North Ainley Solicitors for a free one-to-one session to find out more about collaborative law.  But it’s not just for this week, Collaboration is something both solicitors support all year.

As Tracy adds: “I find it a privilege being able to help separated couples reach lasting agreements in this way.  Recently I assisted a couple who had been married for 50 years, did not want a hostile divorce and preferred to separate amicably via collaboration, I was proud to be part of that process”.  

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

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