04/02/13

Joint approach by Kent law firms to quicker divorce

Couples can now divorce in just eight weeks

by business editor Trevor Sturgess

Two law firms have come together to help couples divorce within eight weeks.

Boys and Maughan and Whitehead Monckton used "collaboration" to develop the emerging legal process.

For many who want to divorce, the path to a new single life is usually lengthy, costly and damaging, especially for children.

Using collaborative divorce lawyers keeps costs under control and can minimise the impact of divorce on children.

It also encourages clients to keep talking to each other and manage how they feel. The lawyers have specialist skills to negotiate quick, cost-effective yet meaningful agreements and avoid the misunderstandings and delays of the traditional divorce process.

It means that:

• Clients control what is discussed and when.
• Different situations can be managed by bringing specialists to meetings. If a business needs valuing, an accountant can be brought along, or a psychotherapist if the couple need to work through their emotions or an independent financial adviser if a pension needs looking at.
• There is a concentration upon managing the separation so any children are supported through any changes.

This avoids an adversarial court process, which can decimate families with cost, suspicion and blame. The process focuses upon where clients want to be in the future – attending their children's weddings together rather than hating each other.

Daniel Bennett, of Whitehead Monckton, Tenterden, and Jonathan da Costa of Boys and Maughan, Margate, are at the forefront of this collaborative approach.

They helped a couple with two children to divorce and agree financial matters within eight weeks, enabling them to move to separate properties but still spend Christmas together as a family.

Mr da Costa said: "The collaborative family law process puts the welfare of children at the centre of focus and allows clients to have much more say in how they want to deal with their separation or divorce."

Mr Bennett said: "This process requires a fresh approach to how the process can work and the individuals have to learn to trust each other again.

"However, for most separating couples, it offers more flexibility and control for clients and their wider family than anything else."