Collaborative Divorce: A Cooperative Approach to Divorce

Divorce — the phrase alone evokes emotional chaos, plenty of paperwork, and legal disputes. But what if there was another approach? Is it possible to handle the difficulties of divorcing a spouse peacefully, together, and with an eye toward the future? Let’s discuss collaborative divorce, a rapidly growing approach that is becoming more popular across Canada.

What is a Collaborative Divorce?

Through the legal process of collaborative divorce, couples who have decided to separate or end their marriage can work with their lawyers and other family professionals to reach a settlement that best suits their and their children’s needs without worrying about going to court. You may quickly and easily locate certified collaborative divorce professionals by using an online legal marketplace.

Now, let’s check some essential elements of a collaborative divorce:

• Team Approach: A lawyer with specialized training in collaborative law is hired by each side. Since these professionals don’t defend their clients in court, their job is to encourage collaboration and discussion as opposed to being ready for legal action. Depending on the complexity of the case, you may consult with additional professionals including therapists, financial advisers, and child specialists.
• Contract of Participation: Spouses and their legal representatives sign a participation agreement at the start of the process. The contract outlines the collaborative process’s rules, including the obligations to negotiate.
• The Focus on Solving Problems: The main idea behind collaborative divorce is to find solutions for issues rather than try to “win” a court case. The goal of the process is to understand the demands and interests of each party and come up with solutions that work for everyone.
• Confidential and Private: The collaborative divorce process is private, as opposed to court processes, which are open to the public. This privacy can be particularly important for high-profile individuals or for protecting the interests of children. 
• Mastery and Adaptability: Couples have greater control over the result than a judgment made by a judge. They can modify the agreement to fit their circumstances, which may result in more original and personalized solutions.
• Interaction and Deference: Respectful communication is emphasized in collaborative divorce. This can maintain the partners’ professional connection, which is advantageous in particular when children are involved.
• Economical: Collaborative divorce can be less expensive than going to court since it usually requires fewer legal bills and can be finalized more quickly, yet it isn’t always less expensive than all other types of divorce.
• Settlement Outside of Court: The principal objective is to arrive at a settlement extrajudicially. Both collaborative lawyers must withdraw if the process fails and one spouse decides to take the matter to court, then the couple will need to retain new legal counsel for the lawsuit.

Process of Collaborative Divorce

• First Consultation

To explore their objectives, the collaborative approach, and if it is appropriate for their circumstances, each couple meets with their separate family lawyer.

• Agreement on Participation

To commit to the process, the parties and their lawyers sign the participation agreement.

• Meetings in Four Ways

These form the basis of the collaborative procedure that involves the lawyers for both spouses. Professionals from other fields may join as needed. The main goals of the sessions are to identify the problems, collect data, and negotiate solutions.

• Honest Communication

It is recommended to provide all the needed info and keep the communication transparent.

• Collaborative Solutions

The group collaborates to create solutions that satisfy everyone’s demands. Talks on property division, child support and custody, spousal support, and any other relevant matters might fall under this category.

The Importance of a Lawyer in Collaborative Divorce

During a collaborative divorce, you should have a separate lawyer. What is the role of a family law lawyer in a divorce case? Your family lawyer serves as your guide during the collaborative divorce process, making sure your rights are upheld at all times. They

• Inform you of your alternatives and legal rights.
• Help you gather and disclose financial information.
• Draft the separation agreement reflecting your negotiated terms.
• Ensure the agreement complies with legal requirements.

The Advantages of Working Together: Why Choose Collaborative Divorce

Choosing a collaborative divorce over a typical divorce has several benefits:

• Decreased Conflict: By encouraging a courteous and solution-focused mindset, the collaborative setting reduces the emotional toll and promotes a more cordial parting.
• Cost-Effective: Divorce through collaboration may be far less expensive than divorce through litigation. Legal expenses are typically cheaper because the process seeks for a quicker conclusion with fewer court appearances.
• Control over the Process: When making decisions that may impact their own and, if relevant, their children’s futures, spouses maintain control over the process. This gives them the freedom to create a separation agreement that suits their particular requirements and situation.
• Quick Resolution: Compared to the court system, which might be slowed down by backlogs, collaborative divorce usually results in a quicker divorce. If you want to address conflicts about other matters as well, consider checking the guide on resolving disputes outside of court.
• Durable Agreements: Since solutions are reached through mutual agreement, they are more likely to be adhered to in the long run. For all parties concerned, this means fewer disagreements and a more seamless transfer.
• Emphasis on the Needs of Children: When children are involved, the team’s child specialist works to make sure that their welfare is given priority at all times. By working together, parents may create parenting strategies that reduce disturbance and emotional upheaval for their kids.

If collaborative divorce doesn’t seem like the best fit, you can consider other resolution options. For example, through mediation, an impartial third person helps couples communicate and come to an understanding. For typically friendly couples who want assistance with some challenges, this might be an excellent alternative. You can check out the pros and cons of divorce mediation.

Is Collaborative Divorce the Right Choice for You?

• Yes, if:
  • You and your spouse are committed to working together respectfully.
  • You are both willing to compromise and communicate openly.
  • Your finances are relatively transparent.
  • You want more control over the divorce process and the outcome.
• No, if:
  • There is a history of high conflict or abuse in the relationship.
  • One spouse is unwilling to be transparent about finances.
  • It’s a high-asset divorce or involves complex business interests. 
  • There are significant power imbalances between spouses.

Now you know all about collaborative divorce. Subscribe to LawVo to find answers to related disputes and get legal support for your case. 

 

Back to blogs