Cath Karlin: Let's talk about sorting out a better divorce

Published on Friday 25 September 2009 09:11

Lawyers are leading a new approach to break-ups, writes Cath Karlin

LAST year in Scotland more than 12,500 couples divorced. In addition, a significant number of unmarried, cohabiting couples separate each year. There is therefore an increasing need for couples who do split up to sort out their affairs in a dignified, respectful manner without breaking the bank or fracturing relationships.

This week the International Academy of Collaborative Professionals – a group of solicitors, mental health professionals and financial advisers from the US, Canada and Europe – are in Edinburgh for a three-day summit. The aim of the event is to establish the fundamentals of an international protocol for couples settling divorce out of court.

The IACP promotes collaborative practice as a means to resolve disputes – offering couples guidance and advice out of court and allowing them to have their say in a safe environment.

In the last 18 months we've seen a marked increase in the demand for out-of-court divorce settlements as a result of the credit crunch. Two-thirds of our clients would rather settle than embark in a long drawn-out, expensive, acrimonious court battle.

Collaborative practice is the most consistently efficient and economical option of all methods of professional conflict resolution. Rather than lawyers sending letters back and forth, couples are holding on to more of their cash by working together, sorting out any issues amicably with a solicitor.

Financial issues and convenience aside, divorce impacts greatly on children who are faced with the uncertainty that surrounds their parents' separation. Collaborative practice allows clients to put their interest to the fore.

In the current economic climate, it is important for anyone considering a separation or divorce to seek detailed advice before taking any practical steps in relation to financial matters or, more importantly, in relation to the care and maintenance of any children involved.

Cath Karlin is a partner and head of family law at legal firm HBJ Gateley Wareing. She is also a board member of the IACP.