Is collaborative law right for everybody?
Collaborative law is ideal for you, if you are looking for a positive and respectful way to resolve the consequences of your marriage or relationship breakdown.
However, collaborative law requires an element of trust and commitment. It is not suited to every case. If you feel that your partner does not wish to disclose his or her assets, or maybe less than straightforward, then collaborative law might not be the best Dispute Resolution method. Also, it may not be suitable in cases where there has been domestic violence or abuse.
Will I still have to go to court?
The aim of collaborative family law is to avoid going to court wherever possible, and this goal can usually be successfully achieved in the vast majority of cases.
You may still want to go to court, so a Judge can make what you agree into a legally binding order. But this is a straightforward process, which is very different to adversarial court proceedings.
Is it a cheaper option?
Collaborative law can be cheaper and quicker than a court based divorce, though your costs will depend upon your circumstances and how long it takes to reach an agreement. It will be more expensive if you instruct experts such as accountants or barristers. But costs should only be incurred if they are helpful to what you are doing, and proportionate to the result to be achieved.
Will I still have to disclose my finances?
Yes, full and frank disclosure is an essential part of collaborative law, as it is for any method of Dispute Resolution. Disclosure need not be in the same format as that demanded by the courts. But it is still important that each of you gives an honest and accurate account of your finances.
Collaborative Collaborative Overview