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The healthy divorce

Sep 29, 2018, 19:59 PM
arbitration, collaboration, divorce, family law
The use of the collaborative practice can help to relieve the stress associated with the divorce process.
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Date : Jun 19, 2017, 04:13 AM
Article ID : 114218
Rachael Latcham
Brodies LLP

New research at Aston medical school in Birmingham has found that those with type-2 diabetes, high blood pressure and high cholesterol are more likely to live longer if they are married than those who are single. Last year, the same team found that those who are married are more likely to survive a heart attack. Conversely, studies have also shown that a stressful marriage can increase the risk of a heart attack or a stroke, and a study in 2009 by the University of Chicago found that those who are divorced or widowed are more likely to experience health issues.

The Financial Remedies Handbook is the first resort for thousands of matrimonial lawyers by combining a clear explanation of the applicable legal principles with straightforward advice on practice and procedure.

This new edition for 2017 has been thoroughly revised and contains detailed analysis and practical guidance on all recent case-law and procedural developments.

The 11th edition is available to order here.

The use of the collaborative practice can help to relieve the stress associated with the divorce process. This practice was imported from the USA and has been used in Scotland for a number of years. While this approach is unsuitable for some couples (where, for instance, there has been a history of violence) it can work well where there is a willingness to work together to resolve issues, especially where they have children.

If a couple agree they wish to collaborate, they will each require to instruct a collaboratively trained lawyer. All parties must sign up to an agreement at the beginning of the process confirming they will be open and honest with one another and making clear they will not instruct their lawyers to raise a court action. Thereafter, there are a series of four-way meetings to determine the issues arising from the separation. It is possible to bring in a neutral financial advisor and/or family counsellors (who must also be collaboratively trained) to assist the couple. The process allows parties to adopt a creative approach and to craft a bespoke agreement.

While the collaborative approach may not be suitable for all couples, that does not mean that there should be a rush to court. Litigation is the last resort. Traditional negotiation (either through correspondence or in meetings between the parties and their respective solicitors) is the most common way in which to resolve the matters arising from a separation.

It is also open to parties to appoint a lawyer mediator to determine matters (or one particular issue). The use of family arbitration is also becoming increasingly common. An arbitrator is essentially a private judge instructed by the parties to make a legally binding decision.
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