5 benefits of Collaborative Divorce in Alberta

5 benefits of Collaborative Divorce in Alberta

Collaborative divorce is a process that enables spouses to resolve conflicts arising from their separation or divorce in a non-adversarial manner using a small team of experts including lawyers, financial specialists and mental health experts, if necessary.

Many people find the collaborative family law process preferable to a traditional court-based divorce process. The following are 5 benefits of a collaborative divorce in Alberta:

  1. You and your spouse stay in control of the process.

When you ask the court to make decisions for your family, you often end up with a make-shift solution that does not actually work for any members of your family. The collaborative divorce process allows you and your spouse to control the issues and the outcomes of the negotiation. There is no third-party decision maker to hijack your case and give you the decision they think you want. You and your spouse remain in charge of your own lives.

  1. You find solutions that work for your entire family.

Using interest-based negotiation techniques, collaborative divorce professionals help the spouses come up with novel solutions that address everyone's needs. The courts tend to provide one-size-fits-all orders to problems. There's a winner and a loser. Unfortunately, this model is rarely an appropriate way to help a family move on from a divorce or separation.

  1. You can avoid the stress of traditional litigation.

Testifying in court about your family, your finances and your personal life is something that few people enjoy. You have very little control over the process and there is a high level of uncertainty with respect to the outcome. Divorce is considered one of the most stressful life events that you can experience, which can have serious effects on your health. But it doesn't have to be that way. The collaborative divorce process provides you with the support and control that you need to minimize the stress that you experience.

  1. You can protect your family's privacy.

Many people do not understand that when you go to court, all of the information that you present to the court is a matter of public record. Court rooms are open to the public and anyone off the street has the right to come and listen to you and your spouse testify about your very personal issues. You can maintain your privacy by using a collaborative process that requires all the openness and exchange of financial information of the traditional litigation process, but keeps that information between just you and your spouse.

  1. You can avoid the financial costs of traditional litigation.

Collaborative divorce can be less expensive than going to court for several reasons. It can be a faster process and is specifically designed to be more efficient than litigation, which generally means you will pay less for legal fees. The process also enables parties to share experts, avoiding the need to pay for two financial experts or two property valuators. While there is no guarantee that you and your spouse will successfully come to an agreement, or will do so in a cost-effective manner, for most couples, the process enables them to save money.

Our Edmonton collaborative divorce lawyers can help you decide if the collaborative divorce process is right for you. Contact us today to speak with a collaborative family law professional about your case.

Disclaimer: Please note the content in this article is not intended to act as legal advice. For more specific legal advice please consult with an Edmonton divorce lawyer.

What is a collaborative divorce?

What is Alternative Dispute Resolution

In a collaborative divorce – both parties work together to come to mutual agreements that are settled out of court. Simply put – a good divorce. Many Albertan families turn to collaborative divorce as an option for their divorce proceedings in an effort to keep it seamless and productive.

How does collaborative divorce work?

First, you must find an experienced Edmonton collaborative divorce lawyer and meet privately with them to discuss your case.

Your spouse and you will then sign an agreement where you agree to provide full disclosure on any information that pertains to the divorce proceedings. In collaborative divorces – you may even have the option to work with mental health professionals and financial planners if you may benefit from these services throughout your divorce proceedings. Meetings are then conducted between the couples as well as their selected collaborative family law lawyer to define the terms and expectations of each partner. At the end of the process – both parties have defined resolutions regarding financial issues, parental issues as well as the division of assets. Once a common census has been reached – your collaborative family lawyers will then draft paperwork for signature from both parties making the resolutions legally enforceable. If you are in need of a collaborative divorce lawyer – contact our law firm today for an initial consultation with one of experienced Edmonton family lawyers.

Who can use collaborative divorce?

Collaborative divorces can be used in various circumstances. For example, they can be used in:

  • Short and long-term marriages
  • Common law relationships or same-sex relationships
  • Marriages that involve or do not involve children
  • Marriages with unique cultural or religious views
  • When negotiating cohabitation agreements or pre-nuptial agreements

In certain situations – collaborative divorce may not work. For example, if your partner has a history of abusive or dominating behaviour, drug or alcohol problems or someone who is not as into the spirit of working peacefully together as you are – collaborative divorce is not recommended. We recommend you consult with an experienced divorce lawyer about your unique situation prior to coming to a decision on your own as to whether a collaborative divorce is right for you or not.

How we can help with your collaborative divorce

Collaborative divorces can be highly effective because it a process that is customized to divorcing couples rather than a court-driven process that individuals must conform to. It is a process that can empower couples to come to an agreement that resolves your unique circumstances and needs expeditiously.

At Verhaeghe Law Office – our Edmonton family lawyers have helped numerous clients with their divorce proceedings and family law matters and a member of our legal team would be pleased to speak with you. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your family law matter. All consultations are kept confidential.

For more information, please contact Renn Spence, a Registered Collaborative Family Law Lawyer by clicking here or by calling Renn directly at 587-409-5064, email Renn@freedomlaw.ca

Renn Spence

*Please note the content in this blog does not constitute legal advice as every case is unique from one another. We encourage you to seek legal advice for answers to your divorce and family law questions.