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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Collaborative Law - worth a try?

7 replies

coronabeer · 09/05/2021 12:58

Trying, very unsuccessfully, to sort out our divorce financial settlement between me and my stbxh. Basically, he is refusing to budge an inch and whining that "it's not fair" whenever I refer to the law on divorce settlements. He has provided some but not all financial disclosure, claiming that certain things are "not relevant" in his view (for example, I still don't know how much his pension contributions are). We were doing this with a mediator, but it just seemed a lot of money for not much - or indeed any - progress.

Court is starting to look inevitable, but it's so expensive and such a long, drawn-out process and I just want this over. I have no financial security at all at the moment even though we are a relatively wealthy couple. Looking back, there were probably elements of financial abuse in the marriage but decree nisi has already been granted so I guess that's a moot point. Suffice to say I want to get on with my life and stop worrying about all this. And I believe we have enough money that we could both be comfortable.

So, I've been looking for alternatives to court and wondered about collaborative law? I think if my stbxh would just accept what the law says instead of what he "thinks", we could possibly make some progress. We are literally having discussions where I will say something like: "the law says this and my solicitor has advised bla, bla, bla.." and he will respond "I don't agree with that". No reason given, no countering "my solicitor said something different", just he doesn't agree, as if that settles things. I wondered whether having his own solicitor sitting there when he acts this way it might be helpful? That said, he's so cagey about his own legal advice that I suspect he is just ignoring what he doesn't want to hear. He's on to his fourth solicitor now, as apparently they are all obstructive and rubbish!

I've only ever asked my solicitor about a "reasonable" settlement, not a good one, let alone a generous one. But we're miles apart with stbxh suggesting, for example, a 70:30 split in his favour even though I am the one with the children 100% of the time and with a substantially lower income, because stbxh thinks that's "fair".

(The children barely see him by their own choice. DD1 is old enough to be viewed as an adult, but the younger one saw a child mediator and explained that she didn't want much contact with him and why ,and so she now sees him every other month. Stbxh is arguing about that, too as he "didn't realise" that would be the outcome of her seeing a child mediator, even though he was the one pushing for it in the first place.)

My solicitor suggested collaborative law, saying that they often have people (typically men) who start off telling everyone how things are going to go. And then (she tells me), you sometimes see their faces changing when you have two solicitors both telling this person: "well, that's not how it works, the law says (whatever the law does indeed say)". Surely even someone as stubborn as stbxh will have to accept at some point that he will have to accept what the law says, regardless of his own personal views? Won't he?

Anyway, I would be grateful for any input from anyone who has tried this approach - or indeed any other thoughts or advice. Negotiation between solicitors? Private hearings? Arbitration? I just want this over with. As I said, we've tried mediation and we've tried sorting it out ourselves and got precisely nowhere.

OP posts:
MrsBertBibby · 09/05/2021 17:01

He will just say the lawyer is wrong, though, and fire them. Won't he?

Collab law is very expensive, frankly, if you were my client, I be saying you should cut your losses and issue.

Brakebackcyclebot · 09/05/2021 17:39

Court is starting to look inevitable, but it's so expensive and such a long, drawn-out process and I just want this over

Sometimes issuing proceedings can bring the other person to the table. Once you start the court process it puts deadlines in place, it gives clear instructions about exactly what financial disclosure is required. You can settle at any point so even after you go down the court route, you can agree terms - and the court will absolutely encourage you to do this. The court doesn't want all cases to come before it, and encourages early settlement.

Collaborative law is not as expensive in my experience as going the whole way through the court route to a final hearing. You would meet with both sets of solicitors and try to agree terms. However if it breaks down you would need to find a new lawyer as they can't then continue to represent you.

You could also have round table meetings outside of the formal collaborative system.

You could also ask about private FDRs - you pay a private judge to make an order. It's usually quicker but I don't know how costly it would be (probably cheaper than several hearings and legal wrangling backwards & forwards).

I would ask your lawyer to have a strategy session where you discuss the options.

Arcadia · 09/05/2021 18:34

I agree with @MrsBertBibby, I think you need to issue and then hopefully settle at FDR. Not many cases go to final hearing. FDR is usually the second hearing, when the judge gives an indication, and both parties are put under pressure to give some ground. Some people will only compromise when they hear it from the Judge.

MrsBertBibby · 09/05/2021 18:42

You could also ask about private FDRs - you pay a private judge to make an order. It's usually quicker but I don't know how costly it would be (probably cheaper than several hearings and legal wrangling backwards & forwards).

This isn't a good representation. It is just like a court FDR but you pay several thousand for a private judge (usually a barrister who is a part time judge) and they do exactly what an FDR judge does : try to get you to settle. You get the judge to yourself, that's the main difference. The FDR judge can only give indications, not make orders.

You could opt for arbitration, where an arbitrator (again usually Counsel) can make an arbitral determination, again, you pay lots extra for the arbitrator.

Private FDRs have proliferated over lockdown as the courts got so bunged up.

coronabeer · 09/05/2021 20:01

Thanks for the input. @MrsBertBibby: "He will just say the lawyer is wrong, though, and fire them. Won't he?" That's just about it in a nutshell.

I've been thinking about this some more this afternoon and I promise I'm not making it up when I say that he is asking for a new pensions report to be prepared because he thinks the first one is wrong. Maybe we are all guilty to some extent of only hearing what we want to hear, but stbxh is pretty extreme. He needs to be told what's happening by someone he can't really argue with and I think that must mean court. I mean, I could well imagine him trying to tell a judge he's wrong but I don't think that attitude would get him far.

I'll look further into private FDRs and arbitration, but it's probably going to be court, isn't it? On reflection, I suspect a collaborative approach would be just as much of a waste of time as mediation, but much more expensive.

OP posts:
HosannainExcelSheets · 09/05/2021 20:19

I would not be scared of going to court. After years of stalemate in a situation not dissimilar to yours, I'm now looking at an FDR in a few weeks. I filed in court late 2020, so about 6 months.

Way more progress in the last 6 months that the prior 2 years. I wish I'd gone down the court route earlier.

I started off trying collaborative law but was told it would be slow and expensive, and beds both parties to want a collaborative settlement.

loveyourself2020 · 15/05/2021 23:59

OMG guys, I am readying this and my head is spinning. I just told my DH that I want to separate three weeks ago and we still live under the same roof, did not tell the kids yet. So we are in the very beginning stage of separation (and not living in UK btw), but I can see already that it will not be an easy road. First of all, we are not wealthy and cannot afford lawyer, so we were going to DIY separation agreement but I ran into a full stop immediately when my DH said he wants to keep "his" savings and stock and that it is not fair that I would ask for it. Angry

I suggested mediator as I realized that we will not be able to do this ourselves and he said he does not want to spend any money needlessly.

Just like you OP I really do not care, I have a good job and three grown kids (that live with us), and with a little savings I should survive, and I really do not want to rip him off or anything, but everyone is telling me that I at least have to see the statements to know exactly how much he has.

Sorry OP, I do not have an advice for you but am in the same boat as you and wanted to chime in. I wish you all the best. Flowers

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