Good Divorce Week - Collaborative Law

23rd November 2020

Image: Advocate Le Quesne at Corbett Le Quesne, 1a West's Centre

Good Divorce Week

The 30^th November to 4^th December marks Resolution Good Divorce Week 2020.  Resolution is a UK based community of family justice professionals who work with families and individuals to resolve issues in a constructive way.  

Resolution offer intensive collaborative law training courses for family lawyers.  Lawyers trained in  collaborative law have set up “PODS” across the world with a view to meeting with other family lawyers, financial advisers, mediators and family consultants.  The POD liaison officer for the Jersey collaborative law POD, Advocate Nicholas Le Quesne, stated as follows:     

“In collaborative law, you and your former partner, each with your own specialist lawyer, sit down together and sort out the problems face-to-face around the table. Rather than dealing through lawyers you work with them.  This is an innovative way of dealing with family breakdown, and does need a genuine desire on the part of both of you to make it work, but it can and does work.

You and your former partner, together with your specially trained collaborative lawyers, sign an agreement promising to treat each other with respect during the negotiations, to be open and honest about the assets you each own, and that you will reach a solution without going to court. 

All negotiations then take place in four way meetings, involving both you and your former partner, and your collaborative lawyers. Having your own lawyer there means that you will benefit from having your own independent legal adviser with you, but you are able to set the pace of the negotiations, and you are not tied to a court timetable. You can set your own agenda and spend more time on the things which matter most to you and your family. This enables you to be more in control of the process, and you are not leaving it to a stranger – a judge, to make decisions for you.

There are many benefits of collaborative law, but especially if you have children. You will still remain parents even after divorce. With collaborative law you maintain contact with your former partner throughout the process, so you have the best chance of understanding each other, reaching solutions that are right for you and the rest of the family. It will also help your children to cope better with your separation if they see that you are working things out together.” 

This year Resolution are asking members during the week to commit to giving out 30 minutes of free legal information to those who need it.  All of Jersey’s five trained collaborative lawyers are willing to provide 30 minutes of their time without charge.  Those lawyers are as follows:

Advocate Rose Colley - Viberts

Advocate Barbara Corbett – Corbett Le Quesne

Advocate Claire Davies – Claire Davies, Advocate 

Advocate Matthew Godden – Le Gallais & Luce

Advocate Nicholas Le Quesne – Corbett Le Quesne