1.         How will the Collaborative Law process work?
2.         What will it achieve for me?
3.         How does Collaborative Law link with the Court process for divorce and separation?
4.         What information will I need to provide to my Lawyer?
5.         Can Collaborative Law help with arrangements for children as well as our finances?
6.         How long will it take?
7.         How much will this cost?
8.         Can I get Legal Aid?
9.         Will the Agreement we reach be final and binding between us?
10.       What if some time after issuing a settlement Agreement in the Collaborative Law process,
           I discover that my former partner has failed to disclose relevant information?
11.       Is Collaborative Law right for me?
12.       I have heard of Mediation.  How is it different to Collaborative Law?

1.       How will the Collaborative Law process work?

The process starts with an initial meeting between the parties and their Collaborative Family Lawyers, when they agree how the meetings will continue, what information will be needed, when it will be exchanged and when the next meeting will be. As the process continues, the couple and their Collaborative Family Lawyers decide what further steps they need to take and discuss. This can involve a joint instruction from the couple and their Collaborative Family Lawyers to independent experts who can help with, for example, valuations of property and advice about pensions and investments. In this way the couple can be more certain that the solution that they arrive at is both appropriate for them and workable for them.
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2.        What will it achieve for me?

It is a means of resolving matters in a dignified and civilised way and should enable you to remain on good terms with your former partner, for the benefit of the extended family.
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3.        How does Collaborative Law link with the Court process for divorce and separation?

The parties might agree that one of them will commence divorce proceedings while the Collaborative Law process is continuing. An Agreement between married couples where there are divorce proceedings will be incorporated into a Court Order at the end of the Collaborative process. If either party takes or threatens to take Court proceedings to resolve the dispute, the Collaborative Law process is automatically brought to an end.   

4.        What information will I need to provide to my Lawyer?

Both of you will need to provide a full Statement of your finances including assets and income whether you deal with your finances through the Collaborative process, through Mediation or through Court proceedings.
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5.        Can Collaborative Law help with arrangements for children as well as our finances?

Yes it is a good way to settle arrangements for your children because your Collaborative Family Lawyers can assist you in relation to that in addition to assisting you in respect of the finances. You do, however, also have the option of attending a separate Mediation appointment with a trained Mediator to discuss the arrangements in respect of your children in more detail should you consider that to be necessary.
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6.        How long will it take?

It can be significantly faster than going to Court but speed is not necessarily the most important factor. The pace will depend on the complexity of the case and the time taken to obtain the necessary information and upon how fast the parties themselves want to proceed.
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7.        How much will this cost?

As you will have the support of your Collaborative Family Lawyer at the round table meetings then this should enable you to identify and resolve the issues more quickly with a saving in costs, than if there were protracted lawyers’ correspondence or contested Court proceedings. Contested Court proceedings can incur a cost in emotional terms as well as financial terms. The Collaborative process can reduce the heartache and antagonism which go hand in hand with marriage breakdown. Often it is not the parties separating that causes the bad feeling and harm to the family but the way the parties become entrenched in the confrontational approach to divorce. Collaborative Law ensures that the agreement reached is one both you and your partner have settled in the best interests of the family as a whole. Costs will be discussed at an early stage on a case to case basis.
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8.        Can I get Legal Aid?

Not at present, although the Legal Services Commission is considering how Legal Aid can be extended to cover Collaborative Law cases.
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9.        Will the Agreement we reach be final and binding between us?

In cases involving married couples who are to divorce, there will be a financial Consent Order which will be agreed between the couple and approved by a Judge to produce a legally binding Agreement. Cases involving unmarried parties can end with an Agreement signed by the parties and their Collaborative Family Lawyers.
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10.       What if some time after issuing a settlement Agreement in the Collaborative Law process, I discover that my            former partner has failed to disclose relevant information?

The settlement Agreement reached during the Collaborative Law process is no different from any other negotiated settlement. If the outcome of the settlement would have been different if such information had been available, then it is open to you to seek to overturn the Agreement, even if it has been made into a Court Order.
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11.      Is Collaborative Law right for me?

The Collaborative Law process is not right for all couples. If you or your former partner feel you cannot trust each other and do not feel able to work together to resolve matters for the benefit of the whole family, then Collaboration may not be right for you. You may consider Mediation or working in a more traditional way through your Collaborative Family Lawyers or through Court proceedings.
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12.       I have heard of Mediation.  How is it different to Collaborative Law?

In Mediation, the Mediator is neutral and the discussions are not legally binding upon the parties. You will still need separate Collaborative Family Lawyers to draw up the Court documents to finalise the process. However, in Collaborative Law a Collaborative Family Lawyer assists you throughout the process advising and supporting you and when agreement is reached the Collaborative Family Lawyers will deal with the divorce and financial arrangements to make the settlement legally binding.
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