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How Vancouver Collaborative Divorce Works 1 877 602 9900
Divorcing or separating couples have many questions and fears when they break up. Our award winning Vancouver family lawyers are often asked how Vancouver collaborative divorce works? Today, Tal Wolf explains the Vancouver collaborative divorce process.
Vancouver Collaborative Divorce is a possible way to settle matters. Both spouses must try to agree that they want to avoid the potentially negative, combative process of traditional divorce and the devastating impact it can have on your family.
We recommend that you sit down with the experienced Vancouver Collaborative Divorce Lawyers at MacLean Family Law 1-877-602-9900. We practice in a variety of types of divorce and separation areas such as collaboration, mediation and traditional negotiation and litigation. Our professionals will explain the differences between these processes, the pros and cons of each, and which approach likely would work best for your unique circumstances and family situation.
The Basics of Vancouver Collaborative Divorce 1 877 602 9900
Collaborative divorce is held down by some key principles: dignity, respect, honesty and creativity. The process begins with each party signing a collaborative participation agreement based on certain premises including:
- The parties will behave with dignity and respect for one another.
- The parties pledge to be forthright and honest in all matters, including complete accounting of all assets and income.
- The process will consist of a series of 4-way meetings among each client, and each of their lawyers specially trained in the collaborative process.
- Neutral professionals will be hired jointly as needed to provide the information needed to reach an informed agreement or to get through the process such as financial advisors, tax accountants, parenting consultants, divorce coaches (to get through the negotiation), appraisers, real estate brokers and any other specialist needed.
- The parties promise to come to agreement through collaboration rather than court (although the ultimate collaborative agreement is submitted to court for approval). If the process breaks down, each must hire a new lawyer to start over in traditional divorce or mediation.
- Disclosure of Documents. Each party agrees to honestly and openly disclose all documents and information relating to the issues. Neither spouse may take advantage of a miscalculation or an inadvertent mistake. Instead, such errors are identified and corrected.
- Insulating Children. As part of the process all participants agree to insulate the children from the proceeding and to act in such a way as to minimize the impact of the divorce on them.
- Win-Win Solutions. The primary goal of the process is to work toward an amicable solution and to create a “win-win” situation for all.
The Vancouver Collaborative Lawyers at MacLean Family Law have the prime directive of helping you to turn the page on this chapter in your life with a minimum of cost and stress, and with the maximum of protection of your rights under the Divorce Act, the BC Family Law Act, and other applicable laws.
Benefits and Drawbacks Of Vancouver Collaborative Divorce
Supporters of collaborative divorce point to the likelihood of less emotional turmoil and the possibility of an ongoing, more positive relationship after divorce, especially if there are children involved. Creative solutions can be found in collaboration that a Judge is not likely to have ordered, because Judges are charged with ruling in accordance with the competing bare rights of the parties, and not necessarily with convenience or efficiency.
Collaborative divorce is likely to be cheaper than traditional divorce, but not necessarily so if progress is not made toward resolution. This is because the two acting lawyers must be paid, regardless of outcome. Also, the ability to communicate and to move beyond impasses and anger should be considered when you determine which kind of divorce to choose.
Finally, collaboration is not appropriate if there is a history of violence or abuse, if one party is particularly emotionally vulnerable and seeing the other is too difficult, or if one spouse has a personality not amenable to collaboration such as a tendency to have dominated or controlled the family finances and information/disclosures.
Statistics tell us that more than 90% of all divorce cases are resolved without a trial. In the Court system that resolution often comes more than a year after the divorce was commenced and after many hurtful statements have been made part of the public record in the form of affidavits and motions. Doesn’t it make more sense to seek that resolution before the bridges are burned and the missiles are launched in a courtroom?
The collaborative law process also recognizes that emotional issues are not properly addressed by the legal system. How often have you heard stories of divorcing parties spending thousands of dollars in legal fees to argue about pets, or sentimental furniture having little monetary value. The reality is, these types of disputes are usually a form of expressing psychological pain from the separation. They are important to the parties, but mostly ignored by the Courts. The collaborative law process, on the other hand, can address these issues in the proper context, including with the help of professionals as part of a team approach to finding solutions.
At MacLean Family Law our lawyers with collaborative training and experience can answer your questions and help determine whether collaborative divorce is a good option for you.
If you have questions about how Vancouver collaborative divorce works, call us across BC and Alberta today.
Best Vancouver Family Lawyers 1 877 602 9900
We are a firm that cares and advocates for its clients with unparalleled expertise. If you are going through a separation or divorce, and if you think the collaborative law process is the best option for resolution, we encourage you to contact MacLean Law today at 1-877-602-9900. to set up a personal consultation with one of our proven and accomplished British Columbia family lawyers.