11:15am Thursday 5th July 2007
By Leigh Robinson
Although the divorce rate in England fell by eight per cent in 2005, according to figures issued by the Office of National Statistics, the process is nonetheless often a traumatic one.
Six Wiltshire solicitors have teamed up to present a different approach to divorce cases, aiming to minimise the emotional and financial costs and help keep settlements out of court.
Jonathan Shipton, of Goughs in Devizes; Peter Boyce, of Goughs, Chippenham; Tim Costley-White, of Forrester & Forrester, Chippenham; Charles Goodbody, Middleton & Upsall,Warminster and Neil Denny, BLB and Nigel Godsiffe, Sylvester & Mackett, both based in Trowbridge, have joined forces to provide their clients with an alternative and often more successful approach to managing separation.
There are only around ten other collaborative lawyers in the county and they mainly practise in Swindon.
Collaborative Law is a growing type of dispute resolution first introduced to the UK in 2003, having been developed in the USA.
The collaborative process encourages parties to work together with the support of the collaborative lawyer, communicating effectively to achieve distinct goals.
Importantly it promotes respect between the parties, places the needs of children first and keeps control of the divorce process with the spouses.
Each client has the support, protection and guidance of his or her own lawyer.
The team may also include representatives such as mental health professionals and financial consultants to support clients in reaching constructive conclusions. Initially each party will spend time with their lawyer preparing and setting goals before entering into a face-to-face meeting. This encourages communication and full disclosure of facts defusing flash points.
In Collaborative Law, lawyers must guide the process to a settlement or withdraw from further participation, unlike adversarial lawyers who remain involved whether the case settles or is tried.
Jonathan Shipton said: "Unfortunately there are around 150,000 divorces in England and Wales each year, many involving disputes over children where cases can get dragged through the courts over a lengthy period and so fuelling emotional turmoil and resentment.
"Collaborative Law allows the parties to take control of their situation.
"It is about more than saving money, it is about having a divorce that conserves people's emotional and financial resources.
"Divorcing couples and their respective lawyers sign a legally-binding agreement to remain respectful, negotiate in good faith, provide full and early disclosure of all relevant information and attend to the needs of each other.
It also requires all four participating parties to agree not to threaten to take the other to court, and this is a key factor in the process.
Tim Costley-White, of Forrester & Forrester in Chippenham said: "We have been specially trained in Collaborative Law and we believe it is the best thing to have happened in divorce law for years."
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