Collaborative divorce for couples | Many couples are looking to separate amicably, retaining control over decisions that reflect their values
Collaborative divorce is a process where you and your former partner commit to settling matters without going to court. This is a short guide to how it is intended to unfold.
Although it asks a lot of the clients (and the lawyers), it enables clients to look back and feel proud that they have taken control of the process.
The proponents of arbitration emphasise the privacy that it brings (particularly for clients in whom the media may be interested); the fact that if desired, the couple can select their arbitrator and the location of the arbitration hearing; and that on the day they can be guaranteed a prompt start without the Judge being occupied with other matters. The location (usually a solicitor’s office or barrister’s chambers) is generally an improvement on court waiting rooms.
When a marriage or partnership breaks down, it can become suddenly overwhelming and divorce mediation may help. It is normal to feel angry, upset and frightened for the future and it is no surprise that objectivity can take a vacation when dealing with the divorce process.
Resolving financial matters by making an application to the court may not be the best route for every couple facing divorce. For some, alternative dispute resolution methods such as mediation, collaborative law and arbitration offer quicker and often more cost effective solutions.
In family cases, there is often a point at which outside expertise needs to be brought in. This could be to value the family home, to value a business or to advise on how to value and share the parties’ pension funds. What are the steps to achieve this and what do you need to think about?
Arbitration is an option for those separating couples who cannot reach an agreement and know that a third party decision is required, but they want to avoid the delay of court proceedings.