Family Law

Divorce and separation can be one of the most difficult periods a person will experience. Alongside the emotional impact, there are often practical decisions to make about finances, property, parenting arrangements and future living plans. For many couples, the thought of going to court can feel overwhelming, expensive and confrontational.

However, court is not the only option. Collaborative family law offers a more constructive way for separating couples to resolve issues with dignity, support and transparency. Rather than taking an adversarial approach, collaborative law focuses on open communication, problem-solving and reaching agreements that work for the whole family.

This blog focuses on collaborative family law and divorce in England and Wales.

What is collaborative family law?

Collaborative family law is a non-court approach to resolving family disputes. It is often used by couples who are separating or divorcing but want to avoid the stress and conflict of court proceedings.

In the collaborative process, each person appoints their own collaboratively trained family lawyer. Instead of negotiations taking place through letters or formal court documents, both parties and their lawyers meet together in a series of face-to-face discussions. The aim is to work through key issues openly and respectfully, with legal advice available throughout.

This process can be used to resolve matters including financial settlements, property arrangements, child arrangements and wider separation agreements. It can also involve other professionals where needed, such as financial advisers, pension experts, family consultants or child specialists.

At the beginning of the process, everyone signs an agreement committing to try to resolve matters without going to court. If the collaborative process breaks down, the collaborative lawyers cannot usually continue to act in contested court proceedings. This helps create a shared focus on finding solutions rather than preparing for litigation.

What is collaborative divorce?

A collaborative divorce applies the principles of collaborative family law specifically to the divorce process. While the legal divorce itself still follows the court process, collaborative divorce can help couples agree the practical, parenting and financial arrangements linked to their separation without asking the court to decide those issues for them.

This does not mean couples have to agree on everything from the outset. Many people begin the process with different priorities, concerns and questions. The purpose of collaborative divorce is to create a structured and supported environment where those issues can be discussed properly.

Each person still has their own independent lawyer, so both parties receive legal advice throughout. However, the focus is on reaching a fair agreement through cooperation rather than conflict.

For couples who want to maintain a respectful relationship after separation, particularly where children are involved, collaborative divorce can be a positive alternative to traditional court proceedings.

How does the collaborative process work?

The collaborative process usually begins with each person meeting their own lawyer separately. This gives both parties the opportunity to discuss their situation, priorities and concerns in confidence.

Once both parties are ready to proceed, a first joint meeting is arranged. At this meeting, everyone signs a participation agreement confirming their commitment to the collaborative process and to resolving matters outside of court where possible.

Further meetings are then used to work through the issues that need to be agreed. These may include:

• How assets and finances should be divided
• What should happen to the family home
• Child arrangements and parenting plans
• Maintenance and financial support
• Pension considerations
• Future communication and practical arrangements

The pace of the process can be adapted to suit the needs of the family. Some couples may only need a few meetings, while others may require more time to work through complex financial or parenting matters.

Once an agreement has been reached, the lawyers can help formalise it. For financial arrangements, this will usually involve preparing a consent order for court approval. Once approved by a judge, the order becomes legally binding and enforceable.

What are the benefits of collaborative family law?

One of the main benefits of collaborative family law is that it helps reduce conflict. By encouraging constructive conversations, it can make it easier for couples to focus on solutions rather than blame.

It also gives families more control. In court proceedings, a judge may ultimately make decisions about finances or child arrangements. In the collaborative process, the couple remains directly involved in shaping the outcome.

Collaborative divorce can also be more private than court proceedings. Sensitive family and financial matters are discussed in meetings rather than in a courtroom, which many people find less intimidating.

Another advantage is flexibility. The process can be tailored to the family’s circumstances, and specialist support can be brought in where helpful. For example, a financial expert may assist with pensions or business assets, while a family consultant may help with communication or child-focused discussions.

For parents, collaborative family law can be particularly valuable because it encourages cooperation. Where children are involved, maintaining a workable co-parenting relationship can make a significant difference to family life after separation.

Is collaborative divorce right for everyone?

Collaborative divorce can be highly effective, but it is not suitable for every situation. It works best when both parties are willing to communicate openly, provide full financial disclosure and commit to finding a fair resolution.

If there is a significant imbalance of power, a history of abuse, or one person is unwilling to be transparent, another process may be more appropriate. In some cases, mediation, solicitor negotiation, arbitration or court proceedings may be needed instead.

A family lawyer can help you understand which option is most suitable for your circumstances.

How Bromfield Legal can help

At Bromfield Legal, we understand that every family is different. Divorce and separation are not just legal processes; they involve people, emotions and futures.

Our family law team can guide you through your options and help you decide whether collaborative family law may be the right approach for you. If you are considering a collaborative divorce, we can provide clear, practical advice at each stage and support you in reaching an agreement that protects your interests while reducing unnecessary conflict.

By choosing a more cooperative approach, many separating couples are able to move forward with greater clarity, dignity and confidence.

If you would like advice about collaborative family law or collaborative divorce, contact our team today to speak to a member of our family law team.

When it comes to planning for the future, one of the key legal tools that can give you peace of mind is a Power of Attorney (PoA). In the UK, there are two primary types of PoA that can be set up for individuals: Lasting Power of Attorney (LPA) and Enduring Power of Attorney (EPA). While they share a similar purpose (appointing someone to manage your affairs) they differ significantly in terms of legal implications, when they apply, and how they are set up.

We’ll break down the key differences between a Lasting Power of Attorney (LPA) and an Enduring Power of Attorney (EPA), as well as common questions people have about these important legal tools. Whether you’re concerned about health and welfare or wondering about costs and what happens after death, Bromfield Legal has got you covered.

What Is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone (known as your “attorney”) to make decisions on your behalf in the event that you can no longer make those decisions yourself. There are two main types of LPA:

1. Health and Welfare LPA: This allows your attorney to make decisions about your medical treatment, care, and general well-being if you become incapable of making these decisions yourself. The decisions can cover anything from where you live to life-sustaining treatment.
2. Property and Financial Affairs LPA: This grants your attorney the authority to manage your financial matters, including paying bills, managing bank accounts, or selling property on your behalf.

The key feature of an LPA is that it only takes effect once it has been registered with the Office of the Public Guardian (OPG), and the individual (you, the donor) must have the mental capacity to make the decision to create the LPA in the first place.

What Is an Enduring Power of Attorney (EPA)?

An Enduring Power of Attorney (EPA) was the predecessor to the LPA, and while it still remains valid for those created before October 2007, it has been largely replaced by LPAs for new cases.

An EPA is specifically concerned with giving someone the authority to make decisions about your property and financial affairs. It does not cover health and welfare decisions. The key difference between an EPA and an LPA is that an EPA does not require registration with the OPG while the donor is still capable of making decisions. It only needs to be registered once the donor loses mental capacity.

Key Differences Between LPA and EPA’s

1. Scope of Authority:

• LPA: Covers both health and welfare decisions as well as property and financial matters.
• EPA: Only covers property and financial affairs.

2. Creation and Registration:

• LPA: Must be registered with the OPG before it can be used, and the donor must have mental capacity when setting it up.
• EPA: Does not need to be registered until the donor loses mental capacity, but can only be used for financial matters.

3. Legal Standing:

• LPA: Has broader legal safeguards and is more flexible, especially since it can be used to manage both personal care and financial decisions.
• EPA: Limited to financial matters and cannot be used for health and welfare decisions.

4. Post-Death Considerations: An important distinction between both documents is that neither LPA nor EPA is valid after death. However, an attorney’s authority under an LPA or EPA ends immediately upon death, and the appointment of an attorney ceases. At this point, your estate would be managed according to your will or the laws of intestacy if there is no will in place.

How Does Setting Up an LPA or EPA Work?

Setting Up an LPA: Setting up an LPA requires filling out a form and registering it with the Office of the Public Guardian. Both the donor and the attorney must be in agreement, and a certificate provider (usually a professional such as a solicitor or doctor) is required to verify that the donor understands the LPA and is not being coerced. The registration process can take up to 10 weeks, so it’s advisable to plan ahead.

Setting Up an EPA: For those with an existing EPA, it is important to ensure that it is registered with the Office of the Public Guardian if the donor becomes mentally incapacitated. The process for registering an EPA is simpler than for an LPA, but it is only applicable to those established before 2007.

What are the Costs of Setting Up an LPA?

The cost of setting up a Lasting Power of Attorney can vary. On average, the registration fee for an LPA is £82 per document (i.e., if you set up both a health and welfare LPA and a property and financial affairs LPA, the cost could be £164). Additional costs may be involved if you seek legal advice or assistance in drafting the LPA. You can give us a call to find out how we can help assist you and provide a quote.

While the costs for an LPA can seem significant, the potential costs of managing your affairs if you lose mental capacity without an LPA in place can be far higher, both financially and emotionally. As such, it is worth investing in proper legal advice.

Commonly Asked Questions about LPA’s & EPA’s

1. How much does a Lasting Power of Attorney cost? The cost of an LPA varies depending on whether you use legal services or create one independently. The official registration fee is £82 per document, with additional legal fees if you choose to have a solicitor assist with the process. We’d be happy to provide a quote for you.
2. What happens after death with an LPA? An LPA becomes invalid upon your death. At this point, the appointed attorney can no longer act on your behalf. The estate is then managed in accordance with the instructions in your will.
3. What happens after death with an EPA? Like an LPA, an EPA becomes invalid once the donor passes away. The attorney’s authority ends, and the estate is handled as per the deceased’s will or the rules of intestacy.
4. Health and Welfare LPAs – How do they work? A Health and Welfare LPA gives the appointed attorney the power to make decisions regarding the donor’s medical care, treatment, and living arrangements. It can only be used if the donor has lost mental capacity. This type of LPA is particularly important for ensuring that healthcare decisions align with your wishes if you can no longer express them yourself.

In summary, while both a Lasting Power of Attorney (LPA) and an Enduring Power of Attorney (EPA) are important tools for managing decisions when you are no longer able to do so, they differ significantly in scope and application. If you are looking to secure both health and welfare as well as financial decisions, an LPA is the most appropriate option. However, if you are simply concerned with managing your financial affairs, an EPA may still be a valid option, provided it was created before 2007.

Whether you are setting up an LPA or an EPA, it’s always advisable to seek legal advice to ensure your documents are valid, and your wishes are accurately represented. At Bromfield Legal, we’re always on hand to help should you need a solicitor. Contact our friendly team in Nuneaton.