Collaborative law is an alternative way of dealing with divorce/dissolution, children issues and the resolution of financial matters following the breakdown of a relationship.
It can also be used, in the case of clients still in or starting a relationship, to agree the terms of a pre or post nuptial agreement or cohabitation agreement regarding the best possible outcome should they separate.
In the last article in her series of four on collaborative law Deborah Marsh, Associate Family Solicitor and Collaborative Lawyer at Wake Smith Solicitors, looks at the first around a table meeting, known as a fourway meeting.
What takes place at a Fourway meeting?
Prior to the meeting an Agenda will have been agreed dealing with the priorities and concerns of both parties, and the order in which these will be dealt with.
When all are comfortably seated around the table, introductions are made by the collaborative lawyers and, usually the first step will be for all to go over the Participation Agreement and sign it.
The parties will then read out their Anchor Statements or read the other’s Anchor Statement so that both understand the other’s position and priorities, concerns and hopes for the future.
The process is client lead with the collaborative lawyers, working together, assisting them to discuss options and best solutions; not the best outcome for them individually but, for the family as a whole.
How the meetings progress depends on what the process is being used for, however, if there are children involved, trying to agree interim arrangements generally feature high up on the Agenda.
Similarly, if clients are separating, then both will be concerned to ensure that the interim financial position is addressed, and suitable arrangements are agreed, to enable funding what may now be two separate households.
Focus will also be on longer term needs, whether parties are separating or still in or embarking on a new relationship, and what needs to done to address these. The clients are asked to start to gather together their financial documentation evidencing their assets, incomes and pensions (or if they have already gathered this together, they may share the documentation at the first meeting).
Decisions can also be made on whether:
- The family home and other properties need to be valued and does taxation need to be addressed?
- If there are pensions involved, do we need some expert advice on how these should be dealt with?
- If there is a family business(es) do we need some expert advice on valuation, liquidity and taxation?
All clients’ circumstances are different and what extra steps or assistance is necessary will be fully informed by their, and their families’ needs.
How the costs of the collaborative process and others costs such as court fees will be paid and, if there is to be a divorce/dissolution who will commence the proceedings, can be agreed.
How many further fourway meetings are required depends on a number of factors such as the need to involve others and have valuations prepared. The process proceeds at the pace of the parties to hopefully a successful conclusion allowing both to move forward constructively, very important when children are involved.
For an introduction on collaborative law click here
To read how you start the collaborative law process click here
To learn about the Participation Agreement and Anchor Statements in more detail click here
To speak to Deborah Marsh about how the collaborative law process can help you call 0114 266 6660.
