28 November to 2 December is Resolution’s “Good Divorce Week”. Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.
During “Good Divorce Week” 2022, Resolution is aiming to raise awareness of the current dilemma in the family courts and to draw attention to all of the different ways that families can resolve their disputes without litigation and when it is practicable to do so.
As everyone will remember, during the COVID-19 pandemic everything came to a standstill, including the Courts and Tribunal Services in England and Wales. This alongside the various budget cuts is what has led the Family Courts to become extremely strained and this has resulted in huge backlogs in dealing with listings and administrative tasks.
In their most recent publication, The Office for National Statistics found that in 2021, 113,505 divorces were granted in England and Wales which was a 9.6% increase compared to 2020. Consequently, families are currently left waiting long periods of time for their disputes to be resolved in court due to the high demand, and it would therefore be beneficial to investigate some other possible methods of resolving issues outside of the courts.
One way in which separating spouses are addressing disputes is through collaborative law. This is an alternative dispute resolution process and a way of dealing with financial disputes on the breakdown of marriage or civil partnerships outside of court.
What is involved with collaborative divorces?
Before the first meeting, the collaborative lawyers will screen their clients for suitability. In order for this process to be successful, both parties have to be actively willing to be open-minded to try and reach a solution and they must be willing to fully co-operate in the process. Once both parties have been accepted into the process, both them and their solicitors will need to sign a Participation Agreement which states that all of the involved parties commit and bind themselves to try and settle the divorce outside of court. If this method is not successful and they cannot reach an agreed settlement, the solicitors are not allowed to continue representing the spouses through court proceedings and this therefore gives all the parties involved a greater incentive to settle.
The process for collaborative divorces is for the spouses and their solicitors to attend four-way meetings face to face in order to discuss their aims for the financial settlement and various different possible outcomes with the goal of reaching a compromise that is deemed as ‘fair’ to everyone involved. Third party experts, such as financial advisors and pension experts, can still be instructed as long as they are mutually agreed, and they will remain independent. If both parties are willing to prioritise the needs and future of the family rather than their own, the aspiration is that it will allow them to move on from the marriage with less disruption to their lives. It encourages the parties to have amicable relationships post-divorce which can be crucially important if continuing to co-parent.
Advantages of collaborative divorces
There are many advantages to choosing this process over court, but the main ones that persuade clients to take part is that it is often a quicker option and more cost effective. Like the majority of legal disputes, it is very difficult to predict an exact time frame for when the process will be completed, but it can be said with certainty that it will be resolved quicker than going through the courts, so long as both the parties actively participate.
In addition to this, the collaborative meetings will be carried out in a safe environment and a confidential manner with everything being discussed kept private. There will also be the benefit of having two highly skilled and specially trained lawyers working alongside you and your family. Both parties will still have their own solicitor who they can turn to for advice and support throughout giving them the reassurance that they have someone in their corner acting for them and their families’ best interests and obtaining the best outcome in the circumstances.
Further to this, it allows the parties to deal with their disputes in a constructive and non-confrontational way, so as to reduce conflict and help to communicate in a more effective manner. This process is also subject to less formalities than court proceedings meaning that parties have the flexibility to decide their own timetable between themselves.
When will collaborative law not be appropriate?
Whilst for the majority, collaborative law is seen as a more positive and beneficial process, there are limited circumstances where it may not be safe or appropriate to conduct negotiations in such a way.
An example of this is where there have been allegations of domestic abuse in the relationship. This may result in there being an imbalance of power and one party having dominance over the other. This could result in the vulnerable party feeling undue pressure to settle for an agreement that they are not happy with, or they may feel too nervous to voice their aims and opinions in the meetings.
A further example of this would be where the relationship and resultant communication between the parties has broken down so badly that there is little trust left between them. This means that they will no longer have a mutual respect for one another and therefore will be attending the meetings with a closed mind with regard to only trying to reach the best outcome for them as an individual.
Therefore, to conclude, it is very important that more people become aware of the other opportunities of dealing with financial disputes rather than instigating court proceedings immediately. In doing so, it will hopefully relieve some of the pressure that is currently burdening the family courts and causing the backlogs. If you would like to help to highlight the issues facing the family courts, there is a template letter provided by Resolution containing information that will enable you to contact your local MP and draw their attention to this crisis.
“Collaborative law is a fantastic way of dealing with family disputes. In my experience it is hugely beneficial for clients to resolve their issues in a more amicable setting.” – Gail Cartwright, Solicitor
If you require any legal advice about divorce, separation or any other family law matter, please do not hesitate to take advantage of a free half hour consultation with one of our specialist family lawyers here at Sinclair Law Solicitors. Call 01625 526 222 or complete the form to request a call back.