A Collaborative approach

Collaborative family law is a process designed to assist separating couples to resolve disputes arising on the breakdown of their relationship without court intervention.

If you choose to take a collaborative approach, you will retain ownership of the decision-making process and will be able to focus your attentions on resolving differences without the threat of court proceedings.

You and your ex-partner will each be advised along the way by your own family lawyer and guided in a series of non-confrontational meetings that are designed to lead to an outcome that is right for you both.

The Process

• each of you instruct a collaborative family lawyer
• you and your lawyers meet and sign an agreement confirming that court proceedings will not be started and that you will work together respectfully and cooperatively to find amicable solutions to those issues arising from your relationship breakdown.
• there will be full and frank disclosure of information and documentation
• you will attend a series of meetings together, with your lawyers, to identify those issues which exist between you and to exchange views
• you will be encouraged to look for solutions acceptable to both of you which will assist in preserving the family relationship in the long term
• once an agreement has been reached, the lawyers will prepare an order detailing the terms of settlement. This will be lodged at court for the approval of a Judge and, once approved and sealed, will be legally binding on both of you.

What if the process breaks down?

In the event that the negotiations break down, either person can withdraw from the process. On doing so, both will be required to instruct new lawyers.

The benefits of Collaborative law

Not all separating families need the court's assistance to resolve their disputes. If you are committed to finding answers through open and honest negotiations, our collaborative lawyer at Thomas Eggar LLP will assist you to reach a legally binding agreement without going to court.

Shashi Sachdeva is a collaborative lawyer as well as being family law specialists.