Pearson Solicitors look at the importance of collaborative law during a divorce

DIVORCE is an emotive and often life-changing process, especially with children involved, so support for clients that is individual, cost-effective and efficient is paramount.

With this in mind, two divorce and family law solicitors from Pearson Solicitors have undergone extensive training in London so they are well prepared to support their clients.

Here, Divorce and Family Law Solicitor Lucinda McWatt talks about collaborative law, the importance of keeping up to date with the law and the benefits of the collaborative law process.

Emma Kendall

She explains: “Important changes to the Family Procedure Rules have renewed the encouragement and incentivisation to engage meaningfully with Non-Court Dispute Resolution such as Collaborative Law from the outset.

“For clients it can be more cost-effective, efficient and flexible than formal court proceedings and tailored to the specific needs and issues of the parties and their families.

“It also ensures confidentiality, which cannot be guaranteed within court proceedings.

“Collaborative law is a voluntary legal process in which both parties instruct a collaborative lawyer. It essentially involves having a series of meetings where both parties and lawyers are present to hear the advice being given by the lawyers, which creates total transparency.

“I feel that it is a very family and child focussed approach to resolving matters and is often faster and more cost effective, giving the separating couple an opportunity to explore all options.”

It involves the early identification of real issues in real time so there are no lengthy letters passing back and forth and the ultimate aim is to focus and minimise the impact a separation has on children and families.

Lucinda McWatt

Lucinda adds: “It helps concentrate the whole situation through more than just the legal lens. It gives the power to the clients to make decisions and results in bespoke workable solutions and recognises no one size fits all.

“Through the process you give a commitment to not go to Court, as quite often the Court process can add to the conflict I have found over time.”

Lucinda and Emma Kendall, Solicitor and Head of Family Law, attended a three-day Collaborative Law course in London which included interactive role play and set activities.

Day one emphasised the essential skills required to help with understanding relationships and family dynamics during separation, to aid the development of skills required for the collaborative process.

In addition, it focussed on the impact that the normal legal process does not: feelings of mistrust, helplessness, guilt, anger, shame, trauma.

The training concentrated on features of separation that are damaging to children, such as unresolved conflict.

It placed an emphasis on communication, trying to avoid legal jargon, listening and observing, using positive language.

Lucinda added: “On day two and three we concentrated on the collaborative process itself, the benefits, the process and where neutrals such as family therapist could help.

Emma and Lucinda are now qualified collaborative family lawyers and are looking forward to being able to offer this process as an option to clients following a separation.

The process can also assist in those couples embarking on marriage who wish to obtain a pre-nuptial agreement or couples who are unmarried and want to agree the arrangements for their children following a separation.

  • Pearson Solicitors and Financial Advisers offer legal services and financial services from offices in North Manchester to clients in England and Wales. Find out more on their website: www.pearsonlegal.co.uk

For more information on collaborative family law contact Pearson’s divorce and family law solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk