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What is Collaborative Divorce?
Collaborative Divorce/Separation offers an alternative to litigation. Each partner hires a lawyer to help them understand their legal rights, assess property division, and negotiate the terms of the separation agreement in a respectful manner. Unlike litigation lawyers, who focus on winning in court, collaborative lawyers aim to reach a resolution that aligns with their clients' priorities.
Benefits of Collaborative Divorce...
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Lower Cost: The expense of collaborative divorce is considerably less than that of litigation since attorneys are not required to prepare and submit court documents or attend court hearings.
Quicker Results: The collaborative process is generally quicker in resolving issues between parties compared to litigation. In court cases, lawyers must adhere to the court's schedule, and there are numerous procedural steps before reaching trial. While litigation can span 2 to 8 years, the collaborative approach significantly reduces this timeframe.
Reduced Conflict: The adversarial nature of the court process often forces parties to compete against one another to "win," leading to increased stress, tension, and hostility. In contrast the collaborative approach seeks to tackle issues with respect, allowing parties to maintain civility and facilitating effective co-parenting after the agreement is finalized.
Be Settlement Focused
Participate in the Process
The process is voluntary and both parties must sign an Agreement confirming their consent to participate. Either party may end the process if it is not working for them.
Provide Full Financial Disclosure
Financial disclosure is a mandatory legislated requirement. Both parties must disclose all assets and debts with supporting documentation. This step is important for parties to understand their legal rights and obligations.
Parties must be willing to come to the table with the desire to negotiate. The process requires you to forego some terms in exchange for other benefits.
Communicate Priorities to your Lawyer
An important aspect of the process is to communicate effectively with your lawyer and create a list of priorities. Settlements are about give and take, while keeping your interest at the forefront of negotiations.
Who is Collaborative Divorce for?
The collaborative approach is effective for majority of couples; however, both parties must be willing to:
4-STEP PROCESS...
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Consult a Lawyer: Start by discussing with your lawyer to determine if the Collaborative approach is right for you and your spouse. If so, both of you will a participation agreement with your lawyers, agreeing to avoid court proceedings.
Provide Documents: Discuss your issues and priorities with your lawyers, who will inform you of your legal rights, provide guidance, and outline the next steps. They'll also specify the documents you need to provide.
Negotiate: After reviewing the documents, lawyers will negotiate settlement terms through meetings with each other and joint sessions with both parties.
Sign: Finally, the attorneys will create a legally binding contract outlining the terms of your settlement. Once both parties sign it, they are required to adhere to its provisions, and the courts will enforce its terms.
Straight to Court...
In some situations, collaboration may not be effective, and you may need to initiate a court application right away. While these cases represent less than 5 percent of our clients, it's crucial for your lawyer to evaluate your circumstances and choose the appropriate legal strategy. Examples of cases that may require prompt court involvement include:
Imminent Danger
In cases where there is immediate physical threat to any family member, your attorney must seek a restraining order against the abuser. Only a Judge can issue a restraining order, so it's advisable to initiate an application in the appropriate court. Remember, this should be considered as a last resort.
Refusal to Provide Financial Disclosure
If either party declines to offer complete and honest disclosure, the attorney must seek a order to compel the individual to submit the required documents or to acquire those documents from relevant financial institutions, medical centers, employers, and other third parties. Since a third party can only release personal information with an Order, a court application will be essential.
Bad Faith in Negotiations
Family law often involves intense emotions, leading some parties to adopt unreasonable stances. Even when the law is not on their side, they may try to prolong the proceedings out of anger or hurt. It's unlikely that these individuals will engage in the collaborative approach, and if they do, they might derail the process with unrealistic demands. These situations are better resolved in front of a Judge, who can issue a ruling based on the facts.
Parental Alienation
A parent's actions, whether deliberate or stemming from unrecognized emotional distress, can significantly harm the child's relationship with the other parent through language manipulation or emotional manipulation. If a parent does not acknowledge their behavior and fails to make necessary changes, it may be essential to seek court intervention to protect the child.
It is important that your consult a lawyer who will be able to assess your specific situation and determine if you should proceed with the collaborative approach or commence a court application.