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Collaborative family law bring an alternative solution for families having a dispute that do not want to go through the expensive court system to resolve there problems. In collaborative family law, a couple will sort out the problem face to face with their lawyer. Collaborative family law is mainly used in divorces and matters regarding children and maintenance.

For collaborative family law to work it is important that the couple involved act in an honest and open manner. One of the most beneficial factors of collaborative family law is that you do not have to rely on a result which has been made by a third party, such as a judge. This means that the couple will remain in control and usually the outcome will satisfy both parties.

In collaborative family legislation, lawyers will advise both parties and work together in a bid to try and get the couple to agree to a result. Anything that is discussed within the collaborative law proceeding is private and cannot be used in court should proceedings progress any further.

The collaborative family law process begins with each party having a one on one discussion with their lawyer to explain what they would like to get out of the process. The lawyers will then meet and discuss what they have talked about with their respective clients. From here the couple and their lawyers will meet and they will have to sign an agreement which explains that both parties want the issue to be settled out of court. They will then go on to discuss what they want to work out in further meetings. If the dispute is about financial matters, these will usually be discussed at the end of the first meeting.

Following meetings will aim to get to the best result which both parties are happy with. The lawyers may decide to get outside help in order to achieve a result, for example from a councilor so they can have a more amicable relationship.

In the last meeting, all the information from the preceeding meetings will be bought together and the lawyers will explain to the couple how to make the agreements they have formed legally binding.

The process usually takes about six months to complete. This will vary from couple to couple depending on their circumstances. This is considerably less time then would be spent if the couple decided to go through the courts.

The main advantages of using this law are that the couple will remain in control of the process. The children’s needs will be put before all others so it can often lead to a better result for the children. The other main aim of the process is that it remains amicable so that the couple can continue to have a relationship after the process. Collaborative family legislation can also work out a lot cheaper than going through the courts.

Collaborative family law cannot be used in cases of drug abuse or violence. The overall costs of collaborative family law vary but average proceedings should cost no more than around £15,000 for both parties.

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Divorce Law differs depending on which part of Great Britain you are in. Family Law in England and Wales in the same, but in Scotland it works differently. This goes for both the laws themselves and the course that divorce proceedings take.

England and Wales

For a divorce to be granted in England and Wales a couple must have been married for more than one year and the marriage must have ‘irretrievably’ broken down with no chance of reconciliation. There are four main reasons that can be given for a divorce, with one of these needing to be given as the reason why the marriage has broken down. Adultery is the most obvious reasons, with the others being that one party has been behaving unreasonably, that the couple have been separated for two years or more if both parties agree to the divorce, or if they have been separated for over five years regardless of whether they agree or not.

A divorce can be either contested or uncontested, although contested divorces are rare. An uncontested divorce is where both parties agree to go ahead with the divorce. Even though many would not like their marriage to end they often realise that it is inevitable if that is what their spouse seeks and this results in the divorce being uncontested. One party must effectively apply for the divorce under one of the grounds mentioned above. In theory they may be required to prove the grounds for divorce, although in reality this is rarely necessary. It is more likely to be necessary in a contested divorce. Eventually, after a number of processes that have to be gone through, a judge will grant a divorce.

Scotland

In many ways Family Law Firm in Scotland is similar to that of England and Wales. Again there has to be a reason given as the grounds for divorce, and these are similar. Again adultery and unreasonable behaviour by one party are grounds for divorce. The others are living apart for one year in agreement with each other, or living apart for two years without agreement.

There are two main procedures of divorce in Scotland; a simplified procedure and an ordinary procedure.

A simplified procedure is often referred to as a ‘DIY divorce’. This option is available when the situation is relatively straightforward. The couple must have no children together and they must agree on financial and property issues. A couple can simply fill out some forms and apply for a divorce and no family law solicitors are required, which saves on costs.

An ordinary divorce must be used by those who have dependent children. In these cases the divorce will be either defended or undefended, which in some ways works in a similar way to contested and uncontested divorces in England and Wales.

The way in which defended and undefended divorces differ from the England and Wales equivalent is that a defended divorce not only covers whether or not a divorce will be granted by also takes care of any disagreements regarding children, money, property, and any other issues. An undefended divorce is only possible if the two parties agree on these matters. 

Andrew Marshall (c)

Article Source: http://www.articlesbase.com/law-articles/divorce-in-england-and-wales-compared-with-scotland-3850964.html

Author: Andrew Marshall
Source: http://www.articlesbase.com/law-articles/divorce-in-england-and-wales-compared-with-scotland-3850964.html