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05 August 2011 / Graham Coy
Issue: 7477 / Categories: Features , Divorce , Family
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A joint effort

Graham Coy sings the praises of collaborative law

“There has got to be a better way than this.” How many times have clients said this when, eventually, they reach the end of court proceedings about their divorce, their children or their finances? Their view is often shared by their lawyers and even by the judges who have to make decisions where no agreement can be reached. The answer to the question is “yes”, there is a better way and it is “collaborative law”. This article will look at the nature and size of the problem, what collaborative law is and what it can offer.

High divorce rate

In 2009, there were 113,949 divorces, in other words over 250,000 people were caught up in the legal process. According to the court service, nearly 100,000 children under 16 were also involved in court proceedings started by one or other of their parents.
To put this into some perspective, this is more than the populations of some of our largest cities, Southampton, Leicester and Newcastle.

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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