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- Both you and your former Partner/Spouse retain
separate specially trained Collaborative Family Lawyers to
assist you in resolving issues without going to Court.
- Your Collaborative Family Lawyer acts for you,
providing legal advice and guidance throughout the process
but working with your former Partner and his or her Collaborative
Family Lawyer as part of a team to help achieve a settlement
that is appropriate for your family.
- You, your former Partner and your Collaborative
Family Lawyers agree to work together in a respectful, honest
and dignified way to try and reach a settlement without threatening
to go to Court.
- A fair and amicable divorce settlement allows to you co-operate
over your children’s futures.
- Issues are discussed and hopefully resolved in face to
face meetings between you, your former Partner and your respective
Collaborative Family Lawyers called 4-way meetings. Settlement
discussions take place with you which helps to ensure that
you and your former Partner remain in charge of the process.
This helps improve future communication, particularly important
when you have children.
- You and your former Partner have a duty to be completely
open and honest in relation to your financial assets and
income. All information and documents must be provided by
you both within the process.
- The Collaborative Family Lawyers agree to keep
correspondence to a minimum and all the work is carried out
in the four-way meetings and meetings between you and your
Collaborative Family Lawyer.
- Discussions focus on the needs and interests of
you, your former Partner and the children.
- Meetings are arranged at the start of the process
without you having to wait for Court dates. Provided all
the participants enter the process in good faith, the process
can be faster, cheaper and less acrimonious than a fully
contested hearing.
- All sign an Agreement disqualifying your Collaborative
Family Lawyers from representing you at Court if the Collaborative
process breaks down. Neither of the Collaborative Family
Lawyers nor their respective Firms can then act for you although
they will still be bound by confidentiality about the negotiations.
You would need to instruct new Lawyers or Legal Representatives
to proceed to Court. The reason for this is to encourage
your commitment to the Collaborative process.
- You and the Collaborative Family Lawyers can work
as part of a group of professionals drawing on the skills
of other professionals to assist you both in settling your
issues, which can include Counsellors, Mediators and Child
and Financial Specialists.
- You are in control of your settlement which avoids
the risk and uncertainty of court proceedings.
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