The collaborative divorce process has a high success rate and offers numerous benefits. It can save time and money, provide greater control over important decisions, and reduce the stress of going through separation and divorce.
You don’t need to be amicable with your spouse to use the collaborative approach, but you do need to understand how the collaborative process works before deciding if it’s right in your situation. Today’s article from our BC family lawyer will provide an overview of collaborative divorce, including its benefits and why you might choose collaborative divorce.
Ways to resolve issues that arise after separation
So many important issues can arise when a relationship breaks down, including parenting arrangements and child support, spousal support, and division of property and debt. Those issues need to be resolved so spouses and their children can move forward. There are several options that can be used to reach a resolution.
Family court litigation is the most formal of the options. Traditional litigation is an adversarial process whereby the spouses ask a family court judge to decide issues in dispute. Detailed rules of court and procedure must be followed. The judge hearing the case will weigh the evidence presented at trial and make an order based in the law that is binding on all the parties.
Mediation and arbitration are less formal, quicker, and more affordable than litigation. While both are considered “alternative dispute resolution” options, there are important differences between the two.
The mediation process provides an opportunity for spouses to attempt to reach settlement with the guidance of a neutral third party called a mediator. The mediator’s job is to bring the parties together to negotiate and try to reach a consensus on the issues in dispute. The mediator is impartial and can’t give legal advice to the spouses, so many participants choose to bring a lawyer with them. The mediator does not have the power to decide issues in dispute, so if parties can’t reach a settlement, they have to explore other options.
Arbitration falls somewhere between mediation and litigation. The process is like an informal trial held outside of a courtroom. A neutral third party called an arbitrator hears evidence and arguments from both spouses. Both spouses are usually represented by lawyers. The arbitrator then makes a decision that is binding on the parties and enforceable by the courts if not followed.
Collaborative divorce is another option for separating spouses. It’s relatively new and very innovative, emphasizing cooperation and communication with an eye toward resolving disputes in the most mutually beneficial manner possible.
Introduction to collaborative divorce
In a collaborative divorce, each spouse is separately represented by their own BC family lawyer who provides them with guidance, support, and advocacy throughout the process. The spouses and their lawyers participate in a series of four-way meetings to identify issues, exchange information, discuss options, and make informed decisions about what is best for the spouses and their children. The spouses get to maintain control over the timeline and work toward a customized resolution of issues.
The process is concluded when the spouses reach an agreement, which the lawyers then put into writing. The parties and their lawyers sign and witness it, resulting in a legally binding, enforceable separation agreement.
Support from other professionals during the collaborative divorce
In addition to being supported by a specially trained BC collaborative divorce lawyer, either spouse can retain other professionals, such as a divorce coach to overcome emotional barriers and help with communication skills, a financial specialist, a valuator (if the value of property/assets is in dispute), and/or mental health professionals—including child specialists to address children’s concerns and needs.
Participation Agreement: The framework for collaborative divorce
Before the collaborative divorce process can begin, each spouse and their lawyer must sign a Participation Agreement, which serves as a roadmap and crystallizes the parties’ commitment to the process. In it, the spouses agree to work toward a negotiated settlement and to not start a family court application. Parties also agree to negotiate in good faith, to communicate in a respectful manner without threatening litigation, to maintain confidentiality, and to provide full, timely financial disclosure.
If either spouse violates the Participation Agreement or starts a contested court case, all collaborative professionals including the lawyers are disqualified from acting. The spouses would each have to hire a different BC divorce attorney to represent them if court proceedings are initiated.
What are the benefits of collaborative divorce?
We’ve touched on several of the significant benefits already, including control over outcomes, lowered stress levels, and confidentiality. The collaborative divorce process also tends to be much less expensive and much faster than going to court.
Another major benefit is the preservation of relationships. The focus is on working together, being respectful, and communicating in a constructive, non-threatening manner—not perpetuating conflict or hurt feelings. By cooperating in the collaborative divorce process, spouses can lay the groundwork for future interactions, which is always of value, especially if the spouses will be co-parenting children.
How can a collaborative divorce lawyer help you in the process?
A BC family lawyer who is collaboratively trained is vital to the process. A collaborative divorce lawyer will make sure their client understands their legal rights and obligations, while at the same time keeping the tone of negotiations cooperative and respectful.
Our BC collaborative divorce lawyer has specialized training in interest-based negotiation and collaborative family law that she uses to assist spouses working through legal issues and disputes—without being confrontational. Ms. Little strives to reduce conflict, encourage equal input from the spouses, and find areas of agreement so spouses can reach mutually beneficial solutions.
Is collaborative divorce right for you?
You may have doubts about whether your spouse would agree to use the collaborative approach or worry that your spouse would agree but not be fully invested. You may feel that your spouse would ignore a negotiated agreement and only follow a court order. Or, you may feel unsafe negotiating with your spouse if there is a history of violence, harassment, threats, abuse, and/or withholding of information. Whatever your concerns may be, reach out to a BC collaborative divorce lawyer who can assess whether the process is recommended in your situation.
Don’t make divorce any more difficult than it has to be
Valerie M. Little has over 30 years of experience practicing family law both inside and outside of the courtroom. In that time, Ms. Little has served as a litigator, a certified family law mediator and a collaborative family lawyer. As a result of these experiences, she uses a variety of skills to resolve family law issues. Your situation is unique, and Ms. Little is prepared to apply her expertise and individualized care to assist you and your family.
Valerie M. Little Law Corporation is a British Columbia family law firm that is centrally located in New Westminster and serves the surrounding areas of Burnaby, Maple Ridge, Coquitlam, Port Coquitlam, Vancouver, North Vancouver, West Vancouver, Port Moody, Richmond, Surrey, Cloverdale, Delta, and Langley. We welcome you to contact Valerie by email at valerie@family-law.ca or telephone at 604-526-3333. Get the answers you need to move forward with your life.