It has long been recognised that litigation is a last resort because of the uncertain outcome, and the hostility that it can provoke.
In many cases it is this hostility that has the most damaging effect both on couples when trying to recover from their separation and look to the future, and on their children, who need their parents to have a working relationship in the future.
For some, it is possible to sort everything out around the kitchen table. For others who would feel vulnerable in mediation, yet would like to work towards a mutually acceptable agreement, collaborative law may be a viable alternative. It is an exciting and promising process that originated in America in 1982 and is fast taking English family law by storm. There are now growing numbers of Collaboratively trained lawyers working in England.
If you and your partner enter into the collaborative law process you will be asked to sign a participation agreement setting out the principles you both agree to follow during the process. This includes agreement that you will:
If you and your partner can commit to this then Collaborative Law may well work for you.
Heidi Fleming has provided in depth legal advice and support regarding the DIY divorce process. Would definitely recommend