Collaborative Law – the future of divorce in a post-COVID world?

KAREN Wallace, a specialist Collaborative Lawyer at Attwaters Jameson Hill, a major regional law firm with offices in Hertfordshire, Essex and London, is urging divorcing couples to consider Collaborative Law as an alternative to litigation to resolve financial issues, in order to avoid the pain and heartbreak of a divorce through the courts at this already difficult time. A surge in the divorce rate brought about by an unprecedented national lockdown, combined with a rising backlog of cases in the family courts, she says, is likely to make court proceedings lengthy, drawn out and stressful affairs at a time when couples will just be wanting to get back on their feet and move past this stage in their lives.

Self-isolation, money worries and rising unemployment are all among the reasons cited by clients of Attwaters Jameson Hill as the driving force behind their decision to divorce in the current climate. It is clear, Karen says, that lockdown has tested many relationships to breaking point – but with the pandemic still very much present in every area of our lives, divorcing couples stand to face hefty delays if they choose to take their financial issues to court. The family courts’ long-standing capacity issues (waits for a divorce hit a record 59 weeks last year) are now being compounded by huge backlogs in the wake of the coronavirus outbreak.

“A divorce through the courts is not the right option for many couples at the best of times but, especially at the moment, those looking to divorce with the minimum of stress and hostility really are best placed searching for an alternative solution to preserve their mental health as far as possible,” Karen says. “Especially where there are children involved, divorcing using a collaborative approach can really help ex-spouses maintain an amicable relationship and provide children with the stable environment they need at this sad time, reducing stress and anxiety for all concerned.”

The widely reported national mental health crisis will likely make it even more difficult for couples to cope with a lengthy and stressful court battle in the coming months and years. A recent ONS study suggested that 39% of couples who are married or in civil partnerships are reporting high levels of anxiety, while a Nuffield Health survey revealed that 80% of people working from home during lockdown say it has had a negative impact on their mental health.

Karen, a divorced mother herself, trained as a Collaborative Lawyer in January 2008 with Resolution, the official network of family law professionals. She has spent many years helping couples to separate in a non-confrontational manner, and remains firmly committed to the conciliatory approach advocated by both Resolution and the Collaborative Law process.

“The process involves a series of face-to-face, four-way meetings between the couple and their collaborative lawyers, who will help them to reconcile their differences and negotiate a settlement they are both happy with out of court,” Karen explains. “There are many benefits, particularly the speed at which a financial settlement can be reached, as the couple is not beholden to the court’s timetable.”

While physical face-to-face meetings may not currently be appropriate due to COVID-19 social distancing restrictions, Karen adds that Attwaters Jameson Hill has quickly adapted to the new landscape and is happy to work with clients via email, telephone and (the best option for collaborative meetings), video software such as Skype, FaceTime and Zoom.

She concludes: “Court proceedings are also much more likely to lead to a hostile future relationship for the couple, as they commonly pit the couple against each other and encourage each to find fault with the other in a bid to secure the best settlement. On the other hand, Collaborative Law focuses on the needs of both partners and on working together in a calm, non-confrontational environment to achieve just that.”