Collaborative divorce
A constructive, non-confrontational approach
Using mediation and negotiation to settle your divorce
Divorce does not need to be acrimonious.
Collaborative divorce offers couples the option of working together to agree sensible and practical solutions to achieve a more amicable separation. This approach departs from the typical formalities of traditional divorce, resulting in cost savings and, in many instances, alleviating the unnecessary stress and turmoil often associated with the conventional divorce process.
What is the process?
Engaging in a Collaborative Divorce involves the parties enlisting and coordinating with lawyers who are collaboratively trained. This collaboration culminates in the signing of a Participation Agreement, which binds all parties to seeking resolution without involving the Court. Once an agreement is reached between the parties, the Court will subsequently review and formalise the arrangement to conclude and legalise the divorce proceedings.
Throughout the process of negotiating the terms, a series of discussions take place between the parties and their collaboratively trained solicitors. These discussions occur under the “without prejudice” principle, signifying that any subsequent Court actions cannot reference these confidential negotiations, ensuring their exclusivity to the parties and their legal representatives.
What are the benefits of Collaborative Divorce?
The negotiation meetings are four-way. The parties retain control over the process (from venue to the frequency and scheduling of the four-way meetings) and whether or not to settle the dispute and on what terms. The collaborative lawyers are there to advise on the legal points and processes, rather than to take control and steer the meetings.
A Collaborative divorce allows you to negotiate a divorce agreement that works for you, giving you and your ex-spouse control over the decision-making process. It takes place in a confidential setting rather than a public courtroom and saves time and money.
It involves the free, open, informal, and honest exchange of information and aims to reduce conflict and emotional strain.
How Jones Myers can help
We encourage you to arrange an Initial consultation to assess if this is the right option for you. We will recommend names of other specially trained colleagues who can assist your spouse if this is the desired divorce process.
We will work with you and your spouse as a team, to find a solution to the issues and ensure terms agreed are properly recorded to avoid uncertainty and risk in the future.