“I want him/her to lose and I want to win this battle”, it may sound familiar, that’s exactly what people think and want to do in a typical divorce.
In a Collaborative Divorce, everyone works together to reach mutually acceptable out of court agreements that are in the best interests of every family member. It is a different way of resolving family law disputes. Parties and their family lawyers commit to resolving their issues through a series of structured negotiations outside the Family Court process. Instead of the traditional focus on each party's rights and entitlements, the negotiations are directed to achieving outcomes that will meet the emotional and financial needs of both parties.
As a result, many families find the collaborative divorce process to be a much better fit. Here’s how the process works.
- You and your partner agree to look into the collaborative divorce process.
- You each hire an experienced Collaborative Family Divorce Lawyer, and meet privately with that lawyer to discuss your case and how you could benefit by using an Edmonton divorce lawyer trained in the Collaborative Divorce Process. If you have financial or emotional concerns, you may also meet with collaboratively-trained financial planners and mental health professionals, respectively.
- You and your partner sign the Participation Agreement, and agree to provide full information disclosure, a necessary step as honesty and courtesy are required to make the Collaborative Divorce process work.
- Face-to-face meetings between you and your chosen Collaborative family professionals are held to exchange information, define the needs and expectations of each partner, especially concerning the well-being and co-parenting of your children. Everyone works toward the generation of mutually-acceptable choices about financial and parenting issues and the work continues until a custom-made solution is completed, including all legal, financial, and co-parenting agreements.
- The respective Collaborative Family Lawyers confirm that all paperwork has been properly drafted and is legally enforceable.
About the Collaborative Family Law process
Collaborative Practice is likely to be a workable option for you, If these values are important to you:
- I want to maintain the tone of respect, even when we disagree.
- I want to prioritize the needs of our children.
- My needs and those of my spouse require equal consideration, and I will listen objectively.
- I believe that working creatively and cooperatively solves issues.
- It is important to reach beyond today's frustration and pain to plan for the future.
- I can behave ethically toward my spouse.
- I choose to maintain control of the separation process with my spouse, and not relegate it to the courts.
How do I benefit from this process?
- Collaborative Practice is an alternative dispute resolution process that has many advantages.
- Both parties goals are explored and respected;
- Your communication with each other will be strengthened for this process and post separation;
- The needs of your children will be prioritised;
- You are actively involved in all aspects of your settlement; and
- The process reduces hostility and promotes an amicable future.