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About Collaborative Law in Canterbury, United Kingdom

Collaborative Law is a progressive approach to resolving legal disputes, particularly in family law matters, that emphasises open communication and cooperation. Unlike traditional litigation, Collaborative Law in Canterbury encourages all parties to work together with their respective solicitors to reach a mutually agreeable solution without going to court. The process is voluntary, confidential, and designed to support families during challenging times by reducing conflict and putting the interests of everyone, especially children, first.

Why You May Need a Lawyer

Many individuals and families consider Collaborative Law when facing major life transitions where complex legal, financial, and emotional matters must be addressed. You may need a lawyer experienced in Collaborative Law if you are:

  • Going through a divorce or separation and want to avoid adversarial court proceedings
  • Making arrangements for child contact and parenting plans
  • Working out financial settlements following a relationship breakdown
  • Seeking to protect family businesses or inherited assets during divorce
  • Wanting to maintain a positive future relationship with your co-parent or ex-partner
  • Needing guidance on property distribution
  • Requiring spousal or child maintenance agreements
  • Looking for a less stressful and more respectful process than traditional litigation

Engaging a Collaborative Law solicitor ensures you have expert advice during negotiations and that any agreements reached are legally sound and enforceable.

Local Laws Overview

Collaborative Law in Canterbury operates in line with family law principles established in England and Wales but adopts a non-confrontational approach. The process is governed by a Participation Agreement, which all parties and their solicitors sign, committing to full disclosure of information, respect, and transparency throughout.

Key aspects of local law regarding Collaborative Law include:

  • Solicitors involved must be specially trained in Collaborative Law
  • If collaboration breaks down and a court process is necessary, both solicitors must withdraw from representing their clients in litigation
  • Agreements reached through this process can be made legally binding through a court order
  • The process supports the best interests of children where relevant

In Canterbury, Legal Aid may be limited, so you should confirm costs with your chosen solicitor at the outset.

Frequently Asked Questions

What is Collaborative Law?

Collaborative Law is an alternative dispute resolution process where parties work together with their solicitors to reach a solution outside of court, focusing on communication and cooperation.

How is Collaborative Law different from mediation?

In Collaborative Law, each person has their own solicitor present during meetings to provide advice and support, whereas in mediation, the mediator is neutral and does not represent either party.

Is Collaborative Law legally binding?

The final agreements reached through Collaborative Law can be formalised into legally binding court orders if necessary, making them enforceable.

What issues can Collaborative Law resolve?

Collaborative Law can be used to resolve separation, divorce, child arrangements, financial settlements, property division, and other family-related legal issues.

What happens if we cannot agree through Collaborative Law?

If an agreement is not reached, both parties must instruct new solicitors if the dispute proceeds to court, as outlined in the Participation Agreement.

How long does the Collaborative Law process take?

The process may be quicker than traditional court proceedings, but the duration depends on the complexity of the issues and the willingness of all parties to cooperate.

Can children participate in the Collaborative Law process?

Children do not usually take part in meetings, but their views and best interests are central, and child-inclusive approaches can be used if appropriate.

Are the discussions confidential?

Yes, conversations that take place during the Collaborative Law process are confidential and cannot be used in court should the process later break down.

How do I know if my solicitor is qualified in Collaborative Law?

Only solicitors who have undertaken specialist training are qualified to participate in Collaborative Law. You should ask your solicitor about their qualifications and experience in this field.

How do I start the Collaborative Law process in Canterbury?

Contact a collaborative-trained solicitor in Canterbury. They will explain the process, assess your situation, and guide you through the necessary steps to begin collaboration.

Additional Resources

If you are considering Collaborative Law in Canterbury, the following resources can provide valuable information and support:

  • Resolution - An organisation of family lawyers committed to a constructive approach to family disputes
  • The Law Society - Provides a searchable directory of solicitors authorised for Collaborative Law
  • Kent Family Mediation Service - Offers information on non-court-based dispute resolution
  • Citizens Advice Canterbury District - Free and impartial advice on legal matters
  • Canterbury City Council - Family and legal support services in the local area

Next Steps

If you are considering Collaborative Law for your family situation in Canterbury, you should:

  1. Contact a specialist solicitor trained in Collaborative Law to discuss your circumstances
  2. Arrange an initial consultation to understand the process, costs, and likely outcomes
  3. Gather all relevant information about your financial and family situation in preparation for collaborative meetings
  4. Talk to the other party, if appropriate, about the benefits of Collaborative Law
  5. Commit to the collaborative process by signing a Participation Agreement with your solicitor and the other party
  6. Begin the process with face-to-face meetings aiming for an amicable resolution

Getting professional legal advice early can make a significant difference to the outcome. Collaborative Law can offer a respectful, efficient, and cost-effective route to resolving family disputes in Canterbury, helping you move forward positively.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.