Collaborative divorce is a process by which a couple hires lawyers in order to resolve conflicts out of court. Here, they can take the help of specially trained collaborative divorce lawyers and family lawyers to negotiate and settle issues occurring due to separation through cooperative ways.
Service of other professionals like financial specialists, child specialists and divorce coaches can also be taken. This process is aimed at making separation easier on the couple and the children involved. Here is more information on collaborative divorce.
It is a legal process where a couple who is separating works together to reach fair and mutually agreeable settlement on issues arising out of the separation. The parties that are separating each hire a lawyer who will investigate the situation and guide their respective clients to settle things smoothly. The issues considered here are child support, spousal support, child custody, residence of the child, etc. The couple along with the lawyers enters into a ‘participation agreement’ where, the lawyers agree not to take part in litigation that may arise if collaborative practice fails.
This agreement states certain commitments that need to be fulfilled by the parties. It aims at making the collaborative process much smoother. Here are a few provisions that are typically contained in a participation agreement.
– The parties to the separation will seek out the help of lawyers in order to help them to negotiate on the issues arising out of their separation and to reach a settlement fair to both of them.
– The parties to the separation will consider ‘the best interests of the children’. They will act to encourage good relationships between the children and themselves. They will reduce the emotional harm caused to the children as a result of their separation.
– The issues arising out of the separation will be settled through cooperation. It will be done so by keeping in consideration what is the best for the children and the parties themselves.
– Any communicational errors that can be made by one party during the process will not be taken advantage of. Instead, there will be fairness and constructive methods involved.
Benefits of collaborative divorce
– The lawyers involved in collaborative divorce are trained in collaborative family law. This training helps them in investigating the situation and identifying your interests. They will be able to attend to all your grave issues and manage the conflicts in an efficient manner. With them, you can focus on dealing with problems with your spouse and bring out fair solutions that are mutually agreeable.
– You and your spouse can focus on dealing with your issues to resolve them amicably. The lawyers are committed to making collaboration work as they agree on not to participate in a litigation that may arise in case collaborative divorce fails. There are no financial or other gains for them to act otherwise.
– The children’s best interests are protected and promoted in this case. The decisions you take and the settlements that you arrive at are focused on the children’s welfare. Any emotional damage to them due to separation is minimized through collaborative divorce.
There are more advantages to collaborative divorce than these. There is no ensuing battle over property and an open communication is encouraged here. Assistance of trained divorce coaches, collaborative divorce lawyers and family lawyers helps in saving costs on litigation and ensures privacy during the process.
About the Author:
Benita Hisey works for Shulman Law Firm in Toronto. It is giving Toronto Divorce Lawyers and Family Lawyers knowledge and experience to express themselves.