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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Mediation vs Collaborative

  • Blueintears
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26 Oct 08 #60002 by Blueintears
Topic started by Blueintears
I am due to go to mediation next week and can't believe that it will take several sessions. Would it be quicker and less expensive to just go straight to collaborative law? At least there you have your solicitor with you advising you. It is pointless agreeing something at mediation and then taking it to your solicitor who may say you have been sold short and not to agree it. Any advice? Thanks....as always. x

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26 Oct 08 #60003 by dukey
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Hi

Collab law has its own draw backs cost for a start and it can be a long process, mediation should cost less and take less time.

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26 Oct 08 #60006 by Blueintears
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Really? That surprises me!!! I really thought you could sit in a room and sort it out in one meeting with collaborative law.

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26 Oct 08 #60070 by dukey
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Notice the number of paid experts that can be called on ;)


Only Collaborative Lawyers can undertake Collaborative Law cases. Collaborative Lawyers are specially trained and as part of their training they learn how to deal with conflict...


The actual process
There is an initial meeting with the client, at which all options are put to the client – namely, the traditional process, mediation, or Collaborative Law...




The Participation Agreement
This is the agreement that is signed by both the parties and their Solicitors at the first 4 way meeting and it is the agreement that the parties make to say that they intend to not resort to the Courts...





Team approach
The fact that both parties have decided to work together to narrow the issues and avoid using the Courts, means that there is an excellent chance of a swift and amicable resolution...





The team can encompass many different experts and specialists
Wherever necessary, any other expert is invited to join the team. Life Coaches, Accountants, Independent Financial Advisers - all these skilled people are invited to take part in the Collaborative Law process ...





Declaration of Aspirations
Prior to the very first four way meeting, both parties consider their “Declaration of Aspirations” – this is a very important task for the clients...





"Hot button" issues
This is very different aspect to the traditional process. This refers to the issues of which both lawyers need to be aware in relation to both clients...

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26 Oct 08 #60082 by marriaa
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It is very good if you think it can work,the only drawback is if it does not work you both have to seek new solicitors and can end up more expensive

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26 Oct 08 #60086 by Sera
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Blueintears wrote:

can't believe that it will take several sessions.


How quick it takes, will depend on your considerations you make for each other. Usually it takes six.

My ex spent all of the first session de-valuing the properties: Even though we had five active bids at the time... then wasted the whole second session not valuing the Business, refusing to exchange the financial disclosure... before walking out.

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26 Oct 08 #60087 by dukey
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Hi Deter :)

From what i am told and have read your 100% spot on :)

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