Collaborative law, with its emphasis on discussion and the reaching of an out of court settlement, can offer a non confrontational solution to ending a wedding. The collaborative law process can work as follows:
1. You will meet with a collaborative lawyer - lawyers must be specifically trained in collaborative law - in order to state your intention to embark on the process. Your partner must also approach and instruct a collaborative lawyer.
2. Respective lawyers can then organize a first meeting, whilst you will hold separate discussions with your lawyer to prepare for this before meeting with your partner and their lawyer. These are known as "four way" meetings.
3. During a first meeting, an agenda for discussions will be set, as well as points relevant to both yourself and your partner. Points to raise at future meetings also can be brought up and noted, as at each meeting, minutes will be taken.
four. Also as part of a first meeting, both parties will sign an contract stating that they will not take their case to court, as well as agreeing a level of confidentiality in the negotiations. A full financial disclosure is required as a condition of conducting collaborative law, and discussions are held "without prejudice", meaning that they cannot later be used in any court proceedings.
5. During the negotiation process, outside parties, such as accountants or social workers, can be brought in to help shape an contract in the interests of all concerned.
6. Correspondence between lawyers is kept to minimum all of the way through the collaborative law process, so maintaining dialogue and forming a balanced contract to make a final settlement is encouraged.
7. Where children are concerned, collaborative law puts their interests first in guiding yourself and your partner towards a settlement. Keeping a workable relationship post marriage is seen as important in the process, particularly in emphasising parenting responsibilities.
8. Whilst collaborative law may be an alternate for many couples, in cases where an injunction in opposition t one partner or one other is in place, or a legal claim needs to be tested in court, collaborative law should not be undertaken.
9. Once an contract has been finalised, and signed by all parties, lawyers for yourself and your partner can file the appropriate paperwork with a court, in order to gain final approval to end the marriage. In bringing about this swift ending, collaborative law can offer the opportunity for you to move onto a higher phase of your life.
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