Collaborative Law

Collaborative family law is a method that Divorce Aid endorses for simplifying the divorce process for both spouses and their children. This approach involves lawyers trained specifically in collaborative law working together to resolve cases amicably without resorting to court battles. Final agreements are confirmed by the court through Consent Orders, offering a respectful and dignified resolution for family financial and custody disagreements.

This method emphasizes ending marriages with mutual respect, which benefits not only the divorcing couple but also their wider circle of family and friends, minimizing stress and negativity.

Divorce can heavily impact one’s emotional well-being, time, and financial resources. In cases where an agreement is elusive, the collaborative lawyers involved will not continue to a court proceeding, preserving resources for more constructive uses.

Unlike traditional divorce processes, collaborative law fosters a cooperative environment where couples, with their respective lawyers, work together towards mutual resolutions. This team may include other professionals like child specialists or financial advisors to address specific needs.

Collaborative law differs from mediation in that it provides more direct guidance and support through the divorce process, with lawyers actively advising their clients as part of the negotiation team. This can lead to significant savings in both legal costs and emotional distress, as the process encourages open communication and minimizes conflict.

Participants in collaborative divorce meetings can expect a structured, face-to-face negotiation with their partner and respective lawyers, aimed at reaching a fair settlement. Unlike the adversarial nature of traditional divorce, this approach allows for transparent disclosure and prioritizes children’s well-being and family relationships.

However, collaborative law might not suit every situation, particularly where there is a high level of conflict or unwillingness to cooperate. For those interested, Divorce Aid offers referrals to collaborative family lawyers across various regions.

Divorce Aid’s social worker highlights the destructive cycle of contentious divorces, where the pursuit of retribution often leads to drained resources, damaged relationships, and adverse effects on children. Instead, divorcing parties are encouraged to seek solutions through counselling, mediation, and collaborative law, which aim to reduce conflict and promote a more amicable resolution.

Choosing a path of less resistance in divorce not only helps in preserving assets and relationships but also in fostering a healthier post-divorce life for all involved. The end of a marriage might be fraught with challenges, but the process of legally parting ways doesn’t have to add to the turmoil.