Usually there are at least three issues in divorce:
With regard to finances there are are usually the following issues to be dealt with:
If either of the parties is in business, how is any value in that business going to be taken into account in the separation, how are the parties to disentangle themselves from that business, and how is the business going to survive to produce the best possible income in the future?
In the circumstances of some families there may be related issues about safety, and international issues.
We are experienced in all these matters. We can deal them with them either by the traditional method through negotiation and through the court, or we can deal with them through Collaboration.
Collaborative Family Law has been developed in Norfolk since 2005, Mark Foley was a founder member of the Norfolk Collaborative Family Law Group. For further information on collaborative family law follow the link through to the Norfolk Collaborative Law group website on our links page and the article written by Mark Foley (BELOW).
Family law issues also arise with those who have not been married, and while many of the issues to be decided are similar, the law that we have to use to achieve those aims is different.
Contact us to arrange a first meeting. That first meeting could be at our office, your house, or another venue of your choosing . We want to put you in the most comfortable surroundings to suit you, so that you can express yourself, tell us all the facts, and make sure that we understand what you want.
I started doing collaborations in October 2005; so far I have conducted 7 cases, some of which are ongoing.
Looking back, it is apparent that collaboration is not for everybody, however when it does work it is far better than the traditional way of resolving family law issues.
How do you know if it is going to be appropriate for you?
1. It is attractive to some people simply because they believe that it is going to be quicker than the traditional method. If it works it is certainly likely to be quicker but do not let that be the only reason that you enter into it.
2. It does require the parties to be able to see the other person’s point of view to some degree. If the parties are incapable of seeing the other person’s point of view then it is going to be unlikely to succeed, in my view.
3. The parties “buy in” to the process more if they have a reason to have some kind of ongoing relationship in the future. This is most likely where they have children, after all even if they are divorcing and separating they will be parents for the rest of their lives. Having a good relationship with each other for the sake of their children certainly gives the participants a very good reason for trying the make collaboration work.
4. It could also create more “buy in” if there is a business relationship that they want to preserve, although so far that type of collaboration has not come my way.
5. If the parties have already received some “positional” advice from a solicitor then in my view it is less likely that they are going to have the mental flexibility to negotiate constructively. If they come to the meetings with the idea that there is a bottom line which they are “entitled to” then it is much more difficult for them to consider any other solution.
6. Some people think that collaboration is going to be cheaper. My experience so far is that it is probably less expensive than going to Court because going to Court requires preparation of a number of documents which are unnecessary in collaboration and would probably result in £1,000.00 or £2,000.00 spent on Barristers fees. This money can be saved but overall the amount spent on solicitors is probably the same. Collaboration can appear more expensive because the work is done more quickly. Payment of the solicitors’ fees is higher at the outset rather than the end.
Most collaborative lawyers – certainly those in the Norwich-pod, are prepared to talk to you about the process and discuss whether it is suitable for you. I would recommend that you take that opportunity.
Mark Foley