FAMILY LAW AND DIVORCE

Collaborative Law and the amicable divorce

Family Law Partner, Nigel Winter explains the benefits of collaborative law and how it can help couples avoid the adversarial nature of traditional court proceedings.

In the midst of a divorce, many individuals strive for an amicable separation, hoping to maintain harmony despite the dissolution of their marriage. Collaborative law offers a unique approach for couples seeking to avoid the adversarial nature of court proceedings and preserve their family’s well-being throughout; helping them navigate the difficult and emotional process of divorce in a respectful and co-operative manner.

Why collaborative law?

Many individuals embark on the journey of collaborative law with the primary goal of steering clear of a contentious courtroom battle. The collaborative approach emphasises open communication, mutual respect, and a shared commitment to reaching a settlement that serves the best interests of all parties. This is especially helpful when the couple have children together, as it can help preserve relationships and ensure that future important family events are not overshadowed by the memories of a bitter divorce.

Finding common ground

Central to the collaborative law process is the creation of anchor statements by both parties. These statements outline the reasons why they chose collaborative law as their preferred method of dispute resolution and often highlight their shared values. They also serve as a reminder of their commitment to working together towards a resolution.

Flexibility and efficiency
Unlike traditional court proceedings that adhere to strict schedules, collaborative law offers flexibility in meeting times and durations. Both parties and their lawyers come together to discuss and negotiate the terms of the divorce.

By conducting discussions in a collaborative setting, parties can address key issues efficiently, potentially resolving matters in a single meeting that might otherwise take months to navigate through the courts.

Working towards a shared resolution

Instead of pitting parties against each other, collaborative law promotes productive dialogue and encourages a co-operative effort to find common ground. Through guided discussions led by experienced lawyers, individuals can benefit from a comprehensive evaluation of their positions and work towards a resolution that works for both parties.

Collaborative law offers couples a more respectful and co-operative way to navigate the challenges of divorce, offering a path towards amicable settlements and more dignified separations. By working together to reach a settlement, couples can avoid the acrimony and expense of traditional court proceedings, and instead focus on preserving relationships and move forward in a more positive manner.

If you are considering collaborative law as a viable option for your situation, we offer a free 30 minute advice session. Please contact Nigel Winter to discuss on 1403 282713 or email nigel.winter@dmhstallard.com.

About the authors


about the author img

Nigel Winter

Partner

Advises on divorce, pre-nuptial and cohabitation agreements with particular expertise in collaborative law and division of assets.

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