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Divorce is a sad fact of life, affecting one in three couples and there are countless other non-marital relationships that fail too. Having to manage the heartache of separation, together with the practical division of belongings is without a doubt, traumatic. While lawyers can’t change the fact that people divorce or separate, they can change the way that they do it.
Karen Atkins, a Partner at Stephensons Solicitors LLP and a trained collaborative lawyer, believes that the new collaborative approach is a realistic alternative for some separating couples.
She says: “Relationship or marriage breakdown is an emotionally difficult time, but all too often the parties are alienated from one another at the very time they should be building a new future for themselves and their children.
“The very public and acrimonious split between Paul McCartney and Heather Mills only serves to highlight the need for an alternative to conventional litigation.
“Collaborative law is an increasing popular approach for couples wishing to avoid the courts. Instead they are supported by specially trained lawyers who assist them to formally end their relationship, face to face, in a dignified and respectful manner, through conversation rather than confrontation.”
Each party is free to choose their own collaborative lawyer and then an agreement is signed preventing either party from issuing court proceedings. This team (two clients and two lawyers) then work together, sharing ideas and solutions in an open and transparent way to ensure the best outcome for the parties and their children.
By signing an agreement not to go to court, the parties know that if a settlement cannot be reached, new lawyers would need to be instructed to issue proceedings. This commitment to the process encourages everyone involved to find the best possible solution.
Collaborative law focuses especially on the effect of separation on children and encourages parents to make decisions together, rather than leaving matters for a judge to decide.
Karen adds: “It’s too late for Paul and Heather, but I would like to see more couples given the option of ending their relationships this way – it can be quicker, cheaper and ultimately allows both parties to move on in a respectful and dignified way."
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