Collaborative law keeps it in the family

Release date: 19/1/2010

Changes to the law mean media access to some traditionally private family hearings is now being allowed.

The move follows a government consultation launched amid calls for more transparency in high-profile cases involving children. But the changes could also have an impact on private individuals involved in financial proceedings and sensitive negotiations as they try to resolve their divorce discreetly.

Specialist family lawyer Katherine Marshall, has been following the development and says separating couples keen to safeguard their anonymity, can avoid court, press interest and shun the limelight.

She adds: "Media interest in a case inevitably depends on the couple's profile and whether they are of local, national or international interest. The public at large does have an appetite for celebrity gossip and speculation - and there's been no shortage during the past decade with Mills and McCartney, Madonna and Ritchie, and more recently Ecclestone and Ecclestone. All are very different cases with very different outcomes.

"Despite the move to openness, media access still remains quite limited and safeguards imposed on certain aspects of cases are particularly stringent, with reporters facing the sanction of being in contempt of court if restricted information finds it way into the press. But many separating couples will understandably be uneasy at the possibility of media presence and press intrusion into what have always traditionally been private matters."

The dilemma of media interest in a family hearing can be avoided by opting for the Collaborative Law Process.

She adds: "Both parties – usually husbands and wives - instruct their own collaborative lawyers. Disputed issues are then analysed, discussed and carefully resolved through a series of four-way meetings. Parties are obliged to provide full and frank disclosure about their financial positions among other issues – but it is faster, clearer, avoids messy court hearings and helps safeguard confidentiality for all.

"When an agreement is reached it must be submitted to the court for approval. Although this does not usually involve parties attending a hearing as a District Judge will considers the application on paper in the first instance."

Broad feedback suggests the collaborative route leads to workable, good quality agreements given individuals are able to prioritise and work towards their own issues. Although not all cases are suitable for collaborative law, they tend to be the exception rather than the rule. For many couples keen to reach an agreement within their own timescale, in private and focused on what they consider to be the important issues, Collaborative Law is the route of choice.