Working together for an amicable and just end

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"Divorce and separation – words which are synonymous with stress and anxiety. But while the breakdown of any relationship is sure to be a painful experience, a new process, known as Collaborative Law, is helping families to reach mutually-acceptable agreements when dividing their assets and coming to decisions as to the care of their children, without involving the courts.

Jacqueline Emmerson, of Emmerson Solicitors, has been qualified for 22 years and is a member of the Law Society’s Family Law panel. Having been involved in countless divorce cases over the years, she has seen first-hand the benefits that Collaborative Law can bring to clients by allowing them to settle matters more amicably, while also giving them more of an input into the decisions which are reached.

“The idea is that people come away feeling that they’ve reached a compromise that’s workable for them,” says Jacqueline. “The added advantage is that they will also have legal advice throughout.”

Once both parties have appointed specialist Collaborative Lawyers, the process can begin. In the first instance, they would each sit down separately with their own solicitors to set out the issues they would like to discuss at their first four-way meeting. Jacqueline explains: “Often, the things that clients want to discuss at the first meeting are not what a solicitor would usually discuss, so the client is given more control straight away.”

The two solicitors would then meet alone to agree an agenda, which is sent to both parties before the first round-table meeting. At this point, clients must sign a contract which stipulates that if they are unable to agree on matters and decide to pursue the court route instead, they must each appoint a new solicitor. Not only does this act as an incentive for clients to persevere with the process when the going gets tough, but it also allows for a more open discussion, free from the fear that the information they share could be used against them at a later stage.

“With the Collaborative approach, clients generally come away feeling that they’ve had more of an influence over the process,” Jacqueline adds. “The outcome is governed by them rather than a judge.

“From a solicitor’s point of view Collaborative Law is a new experience; instead of us doing all the talking, we find ourselves listening more – my husband is delighted to hear it!” she laughs.

Contact Emmersons on (0191) 284 6989 (Newcastle) or (0191) 567 6667 (Sunderland). Alternatively, visit: www.emmersons-solicitors.co.uk "