Is Collaborative practice the answer?
The Family team at Forsters find that many prospective clients approach us asking if there is a way for us to negotiate their financial settlement, nuptial agreement or children issues directly with their former partner and their lawyers. Generally, these clients are on good (or at least cordial!) terms with their former partner and are keen to have a “cards on the table” style negotiation, where everyone can be on the same page and the “he said, she said” of solicitors’ letters back and forth can be avoided. For these clients, it is well worth opting for a Collaborative approach.
Negotiating a settlement using Collaborative practice means that each person appoints their own collaboratively trained solicitor, and everyone meets together. Some clients (but by no means all) also opt to involve other professionals to obtain specialist input, such as an independent financial adviser, a family consultant, a child specialist, or an accountant. Everyone signs up to an agreement that (a) commits the clients to trying to resolve the issues without going to court; and (b) confirms that they will retain new legal advisors if the Collaborative process breaks down. This means that everyone is absolutely committed to finding the best solutions by agreement, rather than through court proceedings.
The team has seen a recent rise in clients opting to use the Collaborative approach in negotiating pre-nuptial agreements. Clients report that this is because they feel that negotiating with their future spouse via solicitors could create an uncomfortable dynamic. They prefer to know that they will all be in the same room, hearing the same advice, voicing their concerns openly and reaching an agreement as a united couple. This allows them to feel that they can enter their married lives with a sense of transparency and openness.
If you would like to find out more about the Collaborative process, please read our factsheet in the link below. You can also contact Collaboratively trained lawyers Jo Edwards, Simon Blain, Amanda Sandys or Christine Abbotts in the Forsters Family team.
Subcribe to news and viewsIn order for the collaborative process to be successful, both parties need to be committed to working out a solution away from court and prepared to invest the time and energy into doing so, as the meetings can be labour and time-intensive.
https://www.forsters.co.uk/divorce-and-separation/collaborative-practice