Are you looking for a low conflict, economic and efficient out-of-court resolution to your BC family law issues? If your answer is yes, BC Collaborative family law could be the solution you’re looking for. In today’s blog, we explain an exciting new option to resolve your BC family law case.
What is BC Collaborative Family Law?
Collaborative law is an out-of-court family law resolution process. In the Collaborative law model, both parties and their respective lawyers agree to stay out of court. Specifically, both parties and their lawyers sign a “Participation Agreement.” The Participation Agreement is a contract whereby the signatories agree to stay out of the litigation process. If at any point either party wishes to commence litigation, they must relinquish their Collaborative law lawyer and hire a different lawyer to take matters to court. Thus, the Participation Agreement provides an incentive for the parties and their Collaborative law lawyers to resolve matters out of court.
The Collaborative law process involves at least one mental health professional, typically called a “coach” (either a “divorce coach” or a “parenting coach – terms which are used interchangeably). The parties may work with the same coach or each party will have his or her own coach. The coaches will assist the parties with coming to a parenting agreement, which often covers issues such as parenting time schedules and parental responsibilities. The lawyers will then work with the coach or coaches to incorporate the work that the parties have done in-session into a legally binding agreement.
When the family law matter involves complex financial issues, the lawyers may also bring in a financial expert to assist parties in disentangling their finances and devising financial plans and goals for the future.
The Collaborative family law method ensures that both parties are active participants in the separation process. This method is especially beneficial for those with children, although any family will benefit from a non-litigious process.
What is BC Collaborative Family Law?
If you have questions about your suitability for the collaborative law process, contact any of the collaborative family lawyers at MacLean Law across BC and Alberta to speak with one of our Collaboratively trained professionals.
