The Collaborative Law Process

Your relationship has ended and you wish to resolve the issues resulting from the termination of your relationship. You want to do this out of court in a fair and equitable way, preserving relationships and your sanity. One of the most successful ways is using the Collaborative Law or Collaborative Divorce process.

What is the Goal of the Collaborative Law or Collaborative Divorce Process?

The primary goal of the Collaborative Law process is to settle outstanding issues resulting from the breakdown of your relationship in a non adversarial manner. The aim is to minimize or eliminate negative economic, social, and emotional consequences of litigation on yourself, your spouse and your family.

How Does the Collaborative Law Process Begin?

The Collaborative Law process will begin with you and your spouse meeting with your respective Collaborative Law lawyers to discuss the Collaborative Law process, to provide you with legal advice and to gather information and documentation that will be necessary as part of the Collaborative Law process. When all parties are ready then a four way meeting would be scheduled to begin the negotiations. At the first meeting all parties including the Collaborative Law lawyers will sign an agreement referred to as a “Participation Agreement.” The Participation Agreement will describe that the separating parties will try to resolve the outstanding issues between them in a fair, equitable and transparent manner without resorting to court. The Participation Agreement will also have a provision that the respective collaborative lawyers will not be able to act for either party in a contested court application should the Collaborative Law process terminate. This will ensure that not only the separating parties are invested in the process, but also the lawyers.

Once the Participation Agreement is signed by all parties, then usually an exchange of information is provided as well as a discussion on further documentation required as part of the Collaborative Law process. A discussion of retaining experts may be necessary such as divorce coaches, financial experts, child specialists etc. and negotiations will commence.

How does the Collaborative Law Process End?

Through a further series of meetings and negotiations the Collaborative Law process will usually conclude with an agreement referred to as a “Separation Agreement.” The Separation Agreement will be the contract on how the outstanding issues of the breakdown of your relationship will be dealt with moving forward. Once the parties have reviewed the Separation Agreement and signed and witnessed it, if the parties are married, then an uncontested application for divorce would be commenced ending the marriage.

The Collaborative Law process seeks to deal with the issues resulting from the breakdown of your relationship in a non adversarial way. The Collaborative Law process allows you to negotiate in a safe, fair and transparent manner while providing you with the necessary emotional and legal support, while you are going through this difficult time in your life. Some would say that the Collaborative Law process is a holistic approach to divorce as the Collaborative Law process deals with both the emotional and financial aspects of divorce. Should you have any questions on the Collaborative Law process please feel free to give us a call at 778-375-2411.

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