Mace & Jones urges couples to avoid 'costly and emotional' divorces

Published: 12th February 2008

Couples facing marital breakdown are being urged to avoid stressful, costly and time consuming divorce proceedings presently being endured by Paul McCartney and Heather Mills.

Mace & Jones law firm said the growing trend of collaborative law offers an alternative to drawn out, acrimonious proceedings preserving good relations particularly when children are involved.

Mace & Jones family law partner Tina Dunn said the firm is one of the major North West law firms to offer collaborative law.

"The aim of collaborative law is to keep relations as amicable as possible between the two parties,' she said. "The emotional and financial burden of an embittered divorce court action as the McCartney's are finding is an enormous strain. Moreover an acrimonious divorce poisons future relations which can make for a lot of problems when children are involved."

Mrs Dunn said the 'collaborative family law' scheme had similarities to mediation but is a different process.

"Mediation takes place without solicitors being present which means the parties then seek legal advice alongside the mediation process," she said.

"This can hinder the process and can cause acrimony. However collaborative family law is proving successful and is ideal for those who wish to have their solicitor present. Both parties and their lawyers agree to resolve all issues without going to court and a settlement is reached following 'four-way' face-to-face meetings, which includes the two partners and their two lawyers. It means an agreement can be negotiated with reduced acrimony."

Mrs Dunn said the collaborative model encourages parties to exchange financial documents and adopt a "cards on the table approach".

Each solicitor provides legal advice and guidance to their client but all four parties work as a team to reach an agreement. In the beginning, both parties and their respective solicitors sign up to a participation agreement confirming their commitment to resolving the dispute without going to court. If no settlement is reached new lawyers have to be instructed for court proceedings.

Tina continues: "Discussions focus on the parties' concerns and children, if they have any. This encourages communication between parties and provides an ideal forum for parties to openly discuss issues, thus helping the relationship move forward to the next stage following its breakdown. Other professionals, such as trained child specialists, counsellors and financial professionals may be included to assist parties top reach resolution. "

Mace and Jones Family Law department is committed to resolving family disputes in the most amicable way; six of the firms eleven strong family department are trained in the collaborative process.

For further information on the collaborative process, please contact Tina Dunn at tina.dunn@maceandjones.co.uk