Collaborative family law is a way for spouses, lawyers, and mental health professionals to work together as a team in a safe, dignified and supported environment towards a cost-effective and enduring resolution. Unlike the court system, spouses retain control of the process and outcome.
When the word divorce or separation comes up, many imagine lengthy court proceedings that are wildly uncertain and expensive. The reality is that there are qualified professionals who are trained to help provide an alternative to the court process. The following outlines the typical steps involved in the collaborative law process:
Both parties agree to use the collaborative process
Each party retain a collaboratively trained lawyer.
Parties consult with collaborative experts such as counsellors, financial specialists and child specialists accordingly.
Each party retain their respective collaborative expert.
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Sign the Participation Agreement
Each party will not commence a court action while in the process.
Each party will make full financial disclosure.
All communications are confidential until a written separation agreement is signed.
Neither of the collaborative lawyers can represent the parties in subsequent contested court proceedings.
A lawyer must terminate the process if his or her client refuses to provide the financial disclosure requested.
The parties will make best efforts to communicate in a respectful manner.
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Financial disclosure
Discussions and negotiations throughout the process will remain private and confidential amongst the collaborative tea.
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Reaching an agreement
Collaborative lawyers will confirm the terms of the settlement reached in a separation agreement.
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If a resolution is not reached
Parties must retain new lawyers and seek resolution in another process.
All discussions and negotiations in the collaborative process are confidential and cannot be used in any way by a in subsequent court proceeding.