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/ Divorce & Separation
Collaborative Practice
Collaborative Practice is a voluntary process in which separating spouses (both married and common law) settle the issues arising from their relationship or marriage, without resorting to Family Court.
One of the hallmarks of Collaborative Practice is the ability to negotiate a final agreement without the need for judicial intervention and in a manner that is respectful, honest and customized to the needs of your particular family. The aim of Collaborative Practice is to preserve the family unit by developing constructive relationships post-separation. Most parties that come from Collaborative Practice walk away with an agreement that they are confident and happy about, resulting in fewer issues in the long term.
Introduction
When two spouses decide to separate or divorce in Ontario, collaborative family law offers a constructive alternative to litigation. This form of dispute resolution, based on honesty and mutual respect, requires both parties to work with each other, their lawyers, and third-party experts to resolve all issues stemming from the end of the relationship.
At Galbraith Family Law, all of our lawyers are trained in the collaborative process and can help you avoid the excessive financial, emotional, and psychological costs associated with divorce. Your lawyer will seek your rights as you resolve all issues based on your situation, needs, and goals.
Benefits of Collaborative Family Law
Collaborative family law makes it easier to reach an agreement that is in the best interest of the whole family. Here are some of the benefits of choosing the collaborative approach to dispute resolution:
1
Reduces Conflict
Collaborative family law encourages cooperation between the parties, which reduces conflict and hostility. This process is particularly beneficial when children are involved, as it helps to shield them from the negative effects of a contentious divorce.
2
Emphasizes Communication
Collaborative family law in Ontario is a private process, meaning that sensitive information is not disclosed to the public. This can be particularly important when dealing with financial issues, as it helps to protect the parties’ privacy.
3
Control Over the Outcome
In a collaborative family law process, the parties are empowered to create a solution that works for their unique situation. This contrasts with a court decision, where the outcome is determined by a judge who may not fully understand the family’s needs.
4
Cost-Effective
This approach is generally more cost-effective than traditional litigation. Since the parties work together, the process is typically quicker and involves fewer court appearances, which translates to lower legal fees.
Overview of Collaborative Family Law
The collaborative approach in Ontario typically follows these steps:
1
Choosing a Collaborative Family Lawyer
Both parties choose their own lawyer who is trained in the collaborative process. The lawyers are responsible for guiding their clients through the process and providing legal advice and support.
2
Signing an Agreement
Both parties and their lawyers sign a collaborative participation agreement that outlines the rules and principles of the collaborative process, including a commitment to work together in good faith, to be open and honest, and to keep the process confidential.
3
Retaining Family and Financial Professionals
The spouses jointly retain a family professional to assist them with communicating and resolving parenting issues. They also retain a financial professional to assist them in working through all financial matters (e.g., child and spousal support calculations and property issues) and, if needed, to determine their respective financial outlooks post-divorce.
4
Identifying the Issues
The parties and their lawyers identify the issues that need to be resolved, such as custody, child support, spousal support, and property division. They then gather information and exchange documents to help them understand the overall picture.
5
Negotiating a Settlement
Everyone works together to negotiate a settlement that meets the needs and interests of both parties and their children. This may involve several meetings where the participants discuss and exchange proposals.
6
Reviewing and finalizing the Settlement
Once a settlement has been reached, the lawyers draft the necessary legal documents to formalize the agreement. The parties review and sign the documents, and the agreement is filed with the court.
Throughout Collaborative Practice, both parties and their lawyers aim to settle without court. If an agreement isn't reached, other options like mediation or litigation may be necessary.
In Collaborative Practice, the core elements of your commitments are that:
Collaborative Practice is appreciated by clients worldwide because:
Even in complex cases, including domestic violence or power imbalances, Collaborative Practice offers an effective way to resolve disputes without going to court.
Used worldwide and even recommended by judges, this process works, even in the toughest cases.
Powerful legal support with compassion through a four-year journey
Top-notch professionalism with just the right amount of compassion. A powerhouse legal firm that immediately made me feel like my divorce litigation was in the best hands. Galbraith was a huge part of my life for four years. Everyone from Caroline on the front desk, to my incredible lawyer, supported me through the toughest time in my life. I felt I was treated with respect and understanding. Alison took the time to make sure I understood my options every step of the way. When opposing counsel stooped to underhanded tactics, my lawyer responded with dignity, patience and straight law. I will always be grateful for this amazing Firm.
Lesley Trentadue
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At Galbraith Family Law, we have years of experience helping individuals and families navigate complex legal matters with clarity and support. Whether you're facing divorce, separation, or other family issues, our experienced team is here to guide you.
We proudly serve clients in Barrie, Newmarket, Oakville, and St. Catharines, Ontario.
