Collaborative Law


Collaborative law is a new way of resolving the issues that arise out of divorce or separation. It helps couples that want to sort matters away from the court to do so and therefore helps to reduce the hostility and anger that can result when a relationship breaks down.

The negotiations are conducted at round the table meetings with your spouse and his, or her, lawyer. The process differs from mediation in that you have access to legal advice from your lawyer at the meetings whereas a mediator has to remain neutral and can offer general information about the law at a mediation meeting rather than specific legal advice.

However the process differs from normal negotiations in that both parties and the lawyers concerned sign a Participation Agreement under which they agree to work together rather than on opposing sides to resolve the issues that arise. If the couple fail to reach an agreement the lawyers concerned would not be able to take part in the court process although the couple could instruct other lawyers if they wish.

Couples can discuss the way in which they wish to separate or divorce or the arrangements for their children or their financial settlements. The agenda is flexible and set by the couple concerned.

The benefits are that:

• You have the benefit of having your own legal adviser but without the threat of court proceedings hanging over you

• You are in control and set the agenda and the pace - you are not governed by court hearing dates or deadlines

• You work things out together which is especially important if you have children

• You make the decisions

The Collaborative law process can also be used by those intending to marry to negotiate a pre -nuptial settlement.

Both solicitors have to have completed a training course to conduct a collaborative law case.

Karen Saunders undertook the course and became fully qualified in 2006 and is a member of the Hull and East Yorkshire Collaborative Family Law Group.

To find out more you can e-mail or telephone Karen who will be very happy to assist.

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