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Collaborative Family Law And Divorce

Collaborative family law is a relatively new process practised by Resolution accredited lawyers. It is designed to deal with family disputes, including divorce. Rather than work out the divorce terms using phone calls and letters your lawyers, you and your partner meet face to face to resolve any issues and agree terms. Using collaborative law means a divorce can be completed without having to resort to the court system.

Both parties still appoint their own lawyers, so still get independent legal advice that insures each party is fully aware of their rights throughout the process. Each party first meets with their lawyer privately. If it is agreed to use collaborative law to proceed then a 4-way meeting is set up with both partners and both lawyers attending. Prior to this meeting your lawyer will have explained the procedure and what to expect at that meeting, so you will be prepared.

At the first meeting the lawyers will establish that all those present understand the process and agree to it. You will then sign an agreement to the effect that you are seeking a resolution or agreement that avoids going to court. You will then agree the terms and format of the next meeting, including who will bring what information to the next meeting, e.g. financial details.

There will be several subsequent meetings at which the terms of the divorce will be agreed. These terms include arrangements for child custody, maintenance and the splitting of assets. Your lawyers will draw up the agreement and schedule a final meeting to sign the necessary documents and proceed with the divorce.

At the final meeting the agreements are read out and explained, if both parties are happy then the agreements are signed. If any further steps need to be taken then who will carry out these steps and the time scales for these actions will be agreed.

To get a divorce using collaborative law you need to each find a lawyer who is experienced in the technique. Resolution accredited lawyers are all trained in this method, they have learnt how to help clients come to an amicable agreement. The divorce process is, therefore, usually less combative and stressful as a result. If you have children this can make a big difference to how they cope during the divorce and afterwards.

Looking to hire a gooddivorce solicitor? Visit Lee & Priestly, the Yorkshire law firm who can advise on all aspects of divorce and family law.

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