Two local lawyers have been demonstrating that the path to divorce needn’t be a protracted, expensive and damaging journey.

Using the ‘collaborative’ family process, solicitors Jonathan da Costa of Boys & Maughan, Margate, and Daniel Bennett of Whitehead Monckton in Tenterden, have helped their clients to achieve a financial agreement approved by a court and decree nisi in just four weeks.

Mr da Costa said: “Our clients were delighted with the outcome, which by any standards compares very favourably to the usual average timescale for divorce which is four to six months and the common timescale for a financial settlement at court, which is a year and a half. The exceptional speed with which we managed this would not have been possible without the collaborative process. It ensured that our clients kept talking to each other, enabled the negotiation of a swift settlement which prevented misunderstandings and delays from taking hold, and the meetings allowed us to deal with the necessary paperwork there and then.”

Jonathan and Daniel’s clients, who naturally wish to remain anonymous, had a consent order drawn up recording their agreement in respect of financial matters within a single calendar month of the first meeting with their lawyers, allowing the sale of their house to go through quickly. Decree absolute, the final step of the journey, will follow six weeks and one day after decree nisi in the usual way.

Jonathan da Costa

Daniel Bennett added: “The Collaborative process requires trust, knowledge and a non-adversarial approach from both sides. Clients appreciate being able to control what is discussed and when, and can exercise significant control over their costs.

“In the past, adversarial solicitors and court processes have decimated families, causing particular harm to children. Now, working with firms such as Boys & Maughan, we bring different skills to the table to manage situations. So if a business needs valuing, for example, you can bring an accountant to a meeting. Alternatively, a therapist may be present if the parties are experiencing emotional difficulties.”

Jonathan and Daniel have achieved a number of quicker divorces for their clients using the emerging legal process and believe it should be applied more widely.

”Divorce is still commonly an excessively drawn out process that lacks compassion,” explains Jonathan. “This can be particularly so in high net worth cases, depending on the approach of the firms involved. The Collaborative process is not appropriate for everyone but if more lawyers signed up to the approach, there’s no doubt that it would benefit the public.”