Collaborative divorce is a process for resolving disputes between divorcing spouses in Ontario in a respectful and cooperative manner as per collaborative family law. It involves the spouses and their lawyers working together to reach a settlement that meets the needs of both parties and any children involved. Here is some more information on collaborative divorce and how it works in Ontario:
What is Collaborative Divorce?
Collaborative divorce is a non-adversarial process for resolving disputes between divorcing spouses. It involves both parties working together with the assistance of trained professionals, such as lawyers, financial experts, and mental health professionals, to reach a settlement that meets everyone’s needs.
How Does Collaborative Divorce Work in Ontario?
In Ontario, collaborative divorce typically involves the following steps:
- Both parties retain collaborative lawyers who are trained in collaborative practice.
- The parties sign a participation agreement that outlines the terms of the collaborative process, such as the commitment to reach a settlement and the use of neutral experts.
- The parties and their lawyers meet in a series of joint sessions to identify the issues and work towards a settlement and discuss audit requirements.
- If necessary, the parties may bring in neutral experts, such as financial experts or mental health professionals, to provide input on certain issues.
- Once a settlement is reached, the parties and their lawyers will sign separation agreement that reflects the terms of the settlement.
Advantages of Collaborative Divorce
Collaborative divorce has several advantages over traditional divorce, including:
- More control over the outcome: In a collaborative divorce, both parties have a say in the outcome, rather than leaving the decision up to a judge.
- Faster and less expensive: Collaborative divorce can be faster and less expensive than traditional divorce, as the parties work together to reach a settlement rather than engaging in costly and time-consuming litigation.
- Better for children: Collaborative divorce is often less stressful for children than traditional divorce, as the parties are able to maintain a more cooperative relationship and focus on the needs of the children.
Who is a Good Candidate for Collaborative Divorce?
Collaborative divorce is a good option for spouses who are able to communicate and cooperate with each other, and who are committed to reaching a settlement that meets everyone’s needs. It is also a good option for spouses who want to maintain a respectful and cooperative relationship with each other after the divorce is final.
What Happens if Collaborative Divorce Doesn’t Work?
Although collaborative divorce is generally successful in resolving disputes between divorcing spouses, there may be situations where the process does not work. If this happens, the parties may need to pursue other methods of dispute resolution, such as mediation or arbitration.
In some cases, traditional litigation may be necessary. It is important for both parties to approach collaborative divorce with an open mind and a commitment to reaching a settlement, but also to be prepared for the possibility that the process may not work out.
In conclusion, collaborative divorce is a non-adversarial process for resolving disputes between divorcing spouses in superior court of justice. It involves both parties working together with the assistance of trained professionals to reach a settlement that meets everyone’s needs.
Collaborative divorce has several advantages over traditional divorce, including more control over the outcome, faster and less expensive process, and better for children. It is a good option for spouses who are able to communicate and cooperate with each other and want to maintain a respectful relationship after the divorce. TCZ Lawyer Eric Zhao will ensure that your rights are protected throughout the divorce process.