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How does collaboration work during separation or divorce?

Calgary Collaborative Family Law Lawyers provide a pathway to successfully resolve family law disagreements between separating spouses. Collaborative Family Law is a process designed to resolve family law disputes as quickly, inexpensively and amicably as possible. MacLean Law’s Calgary Collaborative Family Law Lawyers are led by senior Calgary family lawyer Peter Graburn.

Calgary Collaborative Family Law (aka Lawyer-led Mediation) – Is it the panacea of dispute-resolution?

There are many types of processes designed to resolve family law disputes. MacLean Family Law has one of the largest top rated* and most experienced group of family law lawyers. Our skilled and experienced Calgary Family Law Lawyers can help our clients decide which process best meets their individual situation and circumstances, including:

Litigation – Using the Court process (including trials with a Judge) to get a Court-enforced decision to resolve your family law dispute;

Arbitration – using a private person (often a lawyer) to make a legally-binding decision about your family law dispute; 

Mediation – using a person (often, but not always, a lawyer) to help you and your ex-partner come to an agreement regarding your family-law dispute. This includes Collaborative Law, and;

Negotiation – trying to resolve your family law dispute directly with your ex-partner through discussions “around the dining-room table”.

How do we resolve disputes during separation? Call Calgary Collaborative Family Law Lawyers 403-444-5503

Collaborative Law is an informal but structured process where the parties, through a series of meetings with their registered collaborative family law lawyers, work together to attempt to resolve their family law dispute.  Collaborative Law uses interest-based negotiation techniques to bring the parties to an agreement regarding their family law dispute while maintaining a positive on-going relationship between the parties.

Collaborative Law is a process designed to resolve family law disputes as quickly, inexpensively and amicably as possible.  Agreements reached through the Collaborative Law process can often be more creative and practical than decisions made by the Courts or a private person.  You are still free to go to Court if you cannot come to an agreement through the Collaborative Law process (but not with your registered Collaborative lawyers).

The Alberta Collaborative Group has a great website with more free information.

Click here for more information on collaborative law.

What Issues Can Our Calgary Collaborative Family Law Lawyers Help You With?

The Collaborative Law process can be used to resolve many family law issues, including:

Children – children should always be the priority of a family, and particularly when parents are separating.  Decisions made about the children through the Collaborative Law process  (ie. where the children will primarily live, how often each parent will see the children, what schools and extra-curricular activities the children will attend, etc.) can often be more flexible and beneficial to the children than decisions imposed by the Court or a private arbitrator;

Spousal or Partner Support – whether you are married or not, financial support for the separating partner can often be a difficult issue.  Support agreed to be paid and received between ex-partners after discussing and coming to a mutual agreement may more often be respected and stuck to than financial support ordered by a third party;

Division of Property – matrimonial property is usually split equally or evenly, but there may be things that have a greater significance to one person (ie. a vehicle, pet, or the family farm) or that one person put significant effort into (ie. a family business or home).  Property agreements reached through the Collaborative Law process can take these factors into account to come to a win / win, and not necessarily 50 / 50, solution.

Calgary Collaborative Family Law Lawyers Warn The Process Doesn’t Work In All Cases

However, Collaborative Law is not for everybody or for all situations, and is not appropriate where:

● you suspect your ex-partner is hiding assets or not disclosing their true income;

● your ex-partner has an emotional, drug or alcohol problem;

● there is a history or threat of family violence (whether physical, verbal or mental abuse) to you or your children;

● there is an unequal bargaining position between you and your ex-partner (ie. where your ex-spouse is domineering, manipulative, or controlling, or you have trouble or are afraid to speaking up and stand up for your wishes and opinions in front of your ex-partner);

● if your ex-partner would not be reasonable or come to an agreement in the negotiation process.

In these cases the skilled senior family law litigation team will assist you in obtaining disclosure and levelling the playing field.

How does collaboration work during separation or divorce? 

Our skilled and experienced Calgary Family Law lawyers can help you decide whether the Collaborative Law process is for you.

Call Peter Graburn head of our Calgary Collaborative Family Law Lawyers today at 403-444-5503 to start the process. 

*Top Choice Award (2014, 2016, 2017 2018, 2019), Top rated reviews on Google, Yelp, threebestrated, lawerratingz.com. Read more about our awards.