There have been various reports and statistics about the impact that the restrictions since March 2020 have had on separating families.

Most of them make disturbing reading but Boys & Maughan Solicitors has seen one positive trend, which is an increased interest in separating couples using the collaborative process.

Partner, collaborative lawyer and head of Boys & Maughan’s family team, Jonathan da Costa, has long been encouraging an end to the adversarial approach to relationship breakdown and believes that many more amicable agreements through face-to-face guided discussions are possible.

“Put simply, collaborative saves stress, time and money,” explains Jonathan. “Lawyers for each spouse are in the room, which can be virtual or real, and alongside the couple, work to ground rules established for the process. The process is not rigid and but rather is designed to fit individual circumstances.

“Clients who deal with their separation using the collaborative process often feel more in control over their future and benefit from improved levels of communication with their partner.

“Lawyers need to encourage effective communication, not prevent it. All too commonly a contentious approach is taken which involves lengthy correspondence and a number of trips to court. It is often unnecessary.

“And with the inevitable strain on the court system after months of lockdown this year, concluding matters with a hearing can involve a long wait. By contrast, it is usually possible to settle collaborative divorces much more swiftly and sometimes within a few months.

“A number of local solicitors firms have been embracing the collaborative approach for the past 7-8 years but the pandemic seems to be bringing it increasingly to the foreground.

“Collaborative is much more about focusing on individuals and families than other processes and I think couples who are realising that their relationship is sadly drawing to a close want, more than ever, to end things amicably, calmly and fairly.

“Video meetings have become an invaluable way of working. They were rarely considered before the pandemic but are now occurring regularly.

“It’s so much better to do things collaboratively than ask a judge who doesn’t know you to make decisions about you and your family’s future.”

Jonathan da Costa has offices in Margate and Canterbury and handles a broad range of matrimonial finance matters including those involving businesses, tax and pensions. He also focuses on ensuring that couples achieve the best arrangements for their children. Jonathan has consistently received praise for his skills from the two main independent legal directories, Chambers and The Legal 500, over the past five years.

Jonathan’s general office number is 01843 234000 or you are welcome to email him directly with any questions.

We have a leaflet that explains the collaborative process in detail. Click here if you would like to download it. You can also find additional information at the bottom of this page by clicking on the Resolution logo. Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.