The Supreme Court has handed down its decision in a long-running case concerning whether...
Can the ethos of no-fault divorce be extended to other aspects of a breakup?
The introduction of no-fault divorce earlier in the year provides the ideal opportunity for both clients and lawyers to take a fresh look at how best to deal with the issues surrounding a breakup and how they can be dealt with in a more amicable way. Clearly separation is difficult and the ramifications of such can cause hurt and upset as emotions run high. Most people would accept that going to court to resolve personal matters such as the arrangements for children or the financial settlement is not a process that brings calm to an already potentially stressful situation.
It is therefore sensible for separating parties to consider the best way forward to negotiate any points in dispute. This is where collaborative law should always be considered. Collaborative law is a voluntary, confidential dispute resolution process used as an alternative to court proceedings and other ADR processes such as mediation. It removes the formality of the separation process and is one of the recommended options for avoiding the Family Courts.
The collaborative approach emphasises communication and cooperation rather than conflict. In collaborative law each party has a specialist trained lawyer and the professionals work together as a team to reach a mutually agreeable settlement. Into this group other professionals may be asked to join such as an Independent Financial Adviser who could be asked questions by both parties as to the best and most practical advice in regard to any financial settlement.
If you would be interested in discussing the possibility of dealing with the issues arising as a result of a separation, then please contact me and I would be more than happy to discuss the process with you.
Katharine Hetzel
023 9266 0261