Collaborative Family Law Blog: What is Collaborative Family Law?

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Collaborate? That can’t be right. The law is an adversarial process; that’s how it works. You win, your soon-to-be ex loses. You have to fight for what’s yours, for what’s right…right?

What if there was another way? What if you could end your marriage or relationship without acrimony, without resentment, without going to court? 

That’s the idea behind Collaborative Family Law. It’s a dispute resolution process where you and your ex/partner work together to resolve your legal issues out of court with the help of your own collaborative family lawyers.  It’s a more personal process, focusing on the issues that are important to you and your ex/partner, and your children, if you have any. 

I know what you’re thinking: You’re not hiring a lawyer and shelling out good money for this new-fangled collaborative nonsense.  You want old-fashioned, combative, adversarial lawyering.

Or do you?

The Collaborative Law process can be much faster and less expensive than going to court.  It puts you and your ex/partner in control, not a judge or arbitrator. More importantly, everyone can win.

How does it work?

  1. You and your ex/partner hire your own lawyers, trained in Collaborative Law;

  2. Both you and your partner sign a Participation Agreement in which you agree to share financial information, confidentially, and to negotiate respectfully and cooperatively;  

  3. Decide whether other professionals such as psychologists, social workers, and/or accountants may be involved in facilitating an agreement between you and your ex/partner;

  4. Meet to discuss and resolve the issues in your case; and 

  5. Once an agreement has been reached, you sign a Separation Agreement, which is legally binding.

Finding a solution that works for everyone might be hard work, but consider this: sometimes winning in court, isn’t winning. Not if one of you comes away feeling bitter and beaten. Not if the other feels gutted and guilty.  Not if neither one of you likes what the judge decides. Not if your kids are affected by the litigation. 

Working together instead of fighting indefinitely?  Sounds pretty good, doesn’t it?

Contact us for a free consultation. We are here to help.