Divorce and separation can be emotionally and financially draining for families. The traditional court-based approach to resolving family law disputes often adds to this stress, as it can be contentious, time-consuming, and costly. However, there is an alternative method to navigating family law issues that promotes cooperation and communication: collaborative family law.
At Verhaeghe Law, our experienced collaborative family law lawyers in Edmonton are dedicated to helping families resolve their disputes amicably. We do this while prioritizing the well-being of all parties involved, especially children. If you want to learn more about whether collaborative family law may be right for you, schedule a consultation with our legal team today. You can contact our lawyers online or call our Edmonton office at (587) 410-2500.
What is Collaborative Family Law?
Collaborative family law is a unique approach to resolving family disputes that focuses on negotiation and cooperation. It was introduced to the legal system in response to growing dismay with the adversarial nature of litigation. During the process, all parties involved and their respective lawyers agree to work together to reach a fair and mutually acceptable resolution without going to court. This method can be particularly helpful in cases that involve divorce, decision-making responsibility, spousal support, and property division. This is because it allows for open communication and for parties to retain some control over the outcome of their case.
Collaborative family law normally requires that both parties sign a participation agreement. This document outlines the rules of the process and commits them to resolving their disputes outside of court.Â
What is the Objective of Collaborative Family Law?
The main basis of collaborative family law is the common understanding between both parties and their respective lawyers that they will resolve their matters without the threat of going to court. This is to help maintain a spirit of compassion as an overarching goal during the divorce process.Â
The collaborative family law process can benefit participants in a variety of ways. Typically, the process is less expensive than pursuing litigation. In addition, you may see faster results when it comes to agreeing on the division of assets, financial matters, or decision-making responsibility (formerly custody) over children. The collaborative process typically involves a series of face-to-face meetings between parties and their lawyers. By being present and engaged, each party can have a lot more control over their legal matter compared to traditional litigation.
How Does the Collaborative Family Law Process Work in Edmonton?
The collaborative family law process is structured and goal-oriented. It is designed to facilitate respectful discussions and negotiations. Here’s how it typically works in Alberta:
- Signing a Participation Agreement
The participation agreement is a document that outlines a set of terms where all parties commit to the collaborative law process and its principles. Parties will commit to full disclosure and a complete exchange of information to ensure a fair and objective negotiation. This agreement will set the tone for the process, ensuring that all participants are focused on finding constructive solutions without litigation.
- Assembling a Collaborative Team
In addition to each party’s respective lawyer, other professionals can be brought into the process to assist in negotiations. These professionals might include:
- Financial specialists
- Child specialists
- Divorce coaches
- And more
This team-centric approach ensures that all aspects of your family’s needs are addressed. This can help lead to more sustainable agreements.
- Open Communication and Information Sharing
A key facet of collaborative family law is transparency. Both parties should agree to openly share all relevant financial and personal information that may affect their case. This creates an environment of trust while emphasizing empathy regarding other parties’ respective concerns.Â
- Negotiating a Resolution
Through a series of structured meetings, each party, with the help of their collaborative family law lawyer, will work together to negotiate solutions. The legal professional you work with will be able to guide you through what provisions they believe to be reasonable and fair under the law. The settlement that you reach will ideally meet the needs of both parties and any children involved.
- Finalizing the Agreement
Once all your concerns have been resolved, your lawyers will draft a final agreement. This document will be signed by both parties. The final agreement can then be submitted to the court for approval, where it will become legally binding. Because the collaborative family law process avoids litigation, a final agreement is often reached more quickly and with less emotional distress.
If one spouse ultimately decides to enter into court proceedings, then the family lawyers previously employed by each spouse have to resign. Both parties must seek new counsel to support their litigation process. Unless mutually agreed to by the parties, any experts retained during the collaborative family law process cannot be used during these court proceedings.
Why Should I Work With an Edmonton Collaborative Family Law Lawyer?
Collaborative family law offers several benefits over traditional litigation. Here’s why many families in Edmonton are choosing to resolve their family law disputes with the help of Verhaeghe Law’s collaborative family law lawyers:
- Control Over Your Outcome: In collaborative family law, each party can retain control over the settlement or agreement they reach. When you go to court, you leave decisions in the hands of a judge. As a result, the collaborative process allows for more creative and personalized solutions that meet the unique needs of your family
- Reduced Conflict: Collaborative family law emphasizes cooperation over conflict. When both parties work together with the shared goal of finding a solution, it can lead to less emotional strain and a healthier post-divorce relationship.
- Confidentiality: Unlike court proceedings, which are kept on public record, your collaborative process will stay confidential. Privacy can be important for families who want to keep their financial or personal matters out of the public eye.
- Cost-Effective: Court battles can be lengthy and costly. The collaborative process is typically faster and may reduce your legal fees.Â
- Positive Co-Parenting Relationships: For couples with children, the collaborative process can promote more positive communication and cooperation. This can lay the groundwork for a healthier co-parenting relationship post-divorce.
Is the Collaborative Family Law Process Right For Me?
Divorce is already difficult enough for partners and the families involved in the process. Removing the additional stress of a courtroom is typically recommended so long as both parties are willing to commit to the collaborative process in good faith.
A collaborative family law process may be an attractive pathway for achieving timely and affordable results if you believe you and your former partner can participate amicably. The length of time the process will take is dictated by the willingness of both parties to partake in collaborative proceedings. This is because the timing, location, and frequency of negotiations are determined with mutual agreement of all parties.Â
Have Questions About Resolving Your Family Law Matter? Speak to Our Collaborative Family Law Lawyers in Edmonton Today
At Verhaeghe Law, our Edmonton Collaborative Family Law lawyers have helped numerous clients with their family law matters over the years. We take pride in the fact that we aim to resolve your family law disputes in a timely and cost-effective manner. Whether you need help getting started with the collaborative process or you’re looking for a family lawyer you can trust, we’re here to help.
Reach out to our Edmonton office today for a consultation by calling 587-410-2500 or filling out our contact form online. Once we hear the details of your case, a collaborative family law lawyer will be in touch to schedule an appointment and discuss your options.