Are you dealing with a breakup as the kids go back to school? We’ve spoken to local family law organisation, Bath Family Law, about Collaborative Law – what it is and how it can help you navigate your separation more amicably.
We know the summer holidays are a challenge for any parent. But for some couples, the lack of routine, work and family life juggle, extra financial pressures and increased time together uncovers cracks in the relationship that are just too deep to repair.
“We see a seasonal spike in enquiries every September,” shares Family Law Partner, Lauryn Anderson. “It’s down to the stress of the summer holidays and the perceived ‘fresh start’ of the new school year. So, if you and your partner are separating – you’re not alone.”
“We know this is an incredibly difficult and emotional time,” she continues. “Especially when children are involved.”
Which is why Bath Family Law focus on using Collaborative Law with their clients where appropriate. “It makes the separation process simpler, more affordable and as stress-free as possible,” Lauryn explains.
What is Collaborative Law?
Most of us have heard of mediation – which uses a neutral third-party to facilitate settlement discussions between separating couples. “Mediation can help you avoid expensive and emotionally draining court hearings – but it only works if you both know what you want and what you’re reasonably entitled to,” explains Lauryn.
In Collaborative Law cases, each party is appointed their own legal representative, who not only negotiates outside of court on their behalf, but also offers legal advice and support throughout the process.
“Nobody wants to line the pockets of lawyers or have a stranger make decisions for their children. But not everybody knows what to agree at mediation,” she continues. “Collaborative Law is the best of both worlds – you receive independent legal advice and answers, whilst still being collectively supported and guided towards an amicable solution for you and your family.”
How does it work?
After signing a declaration stating both parties are committed to working towards resolution, settlement is facilitated using various methods depending on what fits best for each family. This can include face-to-face four-way meetings, shuttle negotiations and individual meetings with a collaborative negotiation report moving between the two.
If necessary, additional experts (such as mediators, barristers or independent financial advisors) can be invited to take part and negotiations continue until agreement is reached, or the Collaborative Law process is abandoned.
“The majority of collaborative cases are successful,” reassures Lauryn. “But both parties must be open and willing to compromise.”
She says sometimes couples get so wrapped up in the rollercoaster of emotions, they forget to think about life after separation or divorce. “Contentious legal proceedings are expensive for everyone involved – both financially and emotionally.”
On the other hand, the Collaborative Law route traditionally leads to less tension and conflict between parents, and a final agreement that’s tailored to your needs and best suited to your children moving forward.
“Ensuring that life beyond separation is one worth fighting for – or not!” concludes Lauryn.
For more information on Collaborative Law, or to book a free initial consultation with one of their family law experts, visit bathfamilylaw.co.uk
