According to Statistics Canada, approximately four out of 10 marriages in Canada will end in divorce. By the time a couple has made the difficult decision to dissolve their marriage, they may not have the cordial disposition to come to an agreement about anything. However, many couples have been able to come together and create a divorce agreement that is satisfying for everyone involved.
Working towards an Resolution
An increasingly popular way to accomplish this is through collaborative family law. The focus of this mechanism is placed on using collaboration to design a divorce agreement that is fair and lasting, without the need for a trial. The purpose is to use collaboration to determine the needs and interests of each partner and to work toward a resolution that comes as close as possible to meeting those needs and interests.
The process is facilitated by lawyers who enter into a participation agreement with all parties. The foundation of this agreement is a firm commitment from all involved parties to avoid court by using the collaborative process. This process can even work for couples who cannot seem to avoid conflict. For example, lawyers for both parties may work as intermediaries and facilitators, which allows the couple to collaborate while minimizing conflict.
Avoiding Costly Trails
Collaborative family law is becoming a widespread means of settling divorces without the need for exhausting, costly and unsatisfying court trials. In most cases, the collaborative process is successful and the case settles before going to trial.
In addition, the divorcing partners are more satisfied with the resulting divorce agreement than those who have the agreement created by a family court judge. to learn more about the collaborative divorce process, child support, visitation issues or many other divorce-related topics, visit our blog.
Source: Epstein & Associates , “Collaborative Family Law“, December 04, 2014