Your Guide to “What is Collaborative Family Law”

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Divorce cases have gained notoriety as a process that pits the separating parties against one another. In reality, that’s not always the case and doesn’t have to be. Not every couple filing for divorce comes in with bad blood and ill intent. Family lawyers are aware that most couples have one goal in mind: an easy, clean and amicable split. In these cases, family lawyers opt to use a Collaborative Family Law approach.

What is this?

Read on and see how Collaborative Family Law works.

Basics of Collaborative Family Law 

What is “Collaborative Family Law”?

Collaborative Family Law aims to reach a resolution through a negotiation process to reach an amicable settlement instead of going to court. In this process, both parties agree to work together with the assistance of a family lawyer to iron out their issues and take into account their respective interests. This approach is best for couples that wish to keep their divorce private since Collaborative Family Law is a confidential process.

What’s the Process?

As a collaborative process, both parties and their respective family lawyers will meet in a conference room to resolve matters together. All conversations during these meetings aren’t meant to leave that room, which is what we call “without prejudice”. None of what the parties say will be communicated to outsiders, including within any affidavits. The confidentiality requirement is agreed by both parties signing a formal Participation Agreement as well as their lawyers. 

The Participation Agreement ensures that everyone agrees to not bring their case to court or threaten to go to court to leverage a resolution. The meetings begin each session with an agenda, agreed by  the parties in advance, and each meeting restricts itself to those items. The structure of Collaborative Family Law requires that both parties and their lawyers all be present during these meetings. Prior to these meetings, each party full exchanges financial information so that all of the ‘cards’ are on the table and available for discussion.

How Collaborative Family Law Helps

What Are the Benefits?

There are reasons people opt for Collaborative Family Law when undertaking a divorce. With a negotiation process, it presents a non-antagonistic approach that makes for a smoother divorce emotionally and financially. What makes it beneficial?

Why Collaborative Family Law is a great approach:

  • Maintain good relations with your former spouse during and after separation;
  • Preserve healthy family relationships, especially with one’s children;
  • Reduce lawyer fees by not going to court to fight over every issue;
  • Have your interests heard and accounted for;
  • Ensure and equitable split between the two parties;
  • Less stress resulting from the divorce process

Divorce is never easy. Make divorce less complicated and painless for you and your family by considering Collaborative Family Law with McLean Legal. 

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

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