There are many options to explore in the endeavour to reach an agreement on the split of matrimonial finances. Given the Courts encourage and require alternatives to be explored, it is important to understand what these are. One approach is the collaborative process, something which at Johnson Astills we can offer. But what exactly is it?
The collaborative process is a series of meetings attended by parties and their respective solicitors, both of whom have been trained in collaborative law and in the collaborative process. At these meetings, all manner of issues can be explored, whether it be finances or children, and discussed in a civilised and dignified manner “round the table”. The process is led by the parties themselves, who decide on the agenda, and those matters of importance to them, with input and advice from their solicitor. “Anchor Statements” are very much a focal point of the collaborative process – they set out each parties guiding objective in adopting a collaborative approach and can be a useful reminder subsequently should discussions become difficult.
There are many advantages to the collaborative process. Both parties have their solicitors in the room, and so unlike mediation, your solicitor can give you legal advice then and there on any issues raised. Parties are in control of the process and set the timescales and agenda items. Points of discussion can be wide and varied and not limited to those matters upon which the court has jurisdiction.
There are some limitations, but these are considered small compared to the wider benefits. Both parties should sign a participation agreement at their first meeting, the terms of which state that should negotiations break down, their solicitor cannot continue to act for them, and both parties must instruct new solicitors. This should be seen as a benefit, as it does ensure that both parties, and their solicitors, are fully committed to the process and will not withdraw from it easily.
At Johnson Astills, Emma Mitchell is a collaborative solicitor, and can advise whether the collaborative process is suitable for you and provide you with more details about what to expect from it. She has actively engaged in a significant number of collaborative cases locally and nationally, and fully endorses the benefits for parties.
Please get in touch with the Family Team today and we would be more than happy to discuss your matter further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
