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What is a collaborative family law practice?

No one wants to go to court unless they have to.
GL
Grant-Lee Law Family Law
While most of us never give it a second thought, some relationships sadly do have an expiry date. Check your marriage certificate if you like, it’s not there. But they do exist, eventually anyway, as both people and circumstances change. Sometimes rapidly in fact. Perhaps our actions and our environment gives them life even if they are nowhere to be found at first while the relationship blossoms. It’s only when things get thorny do we notice that they been there all along. So what now? What happens to the pets? Who gets the good dishes? Will his brother still send a gift basket, every year, with all that Belgium chocolate and a bottle of Sauvignon Blanc that I dearly love and cherish? We can’t answer that, that’s something you will have to decide and discuss on your own. However, formally trained and experienced law firms can help you with the most important question: What happens to the kids? A good family lawyer will offer support in these 3 main areas: • Financial Issues – A lawyer will suggest a good Divorce Financial Analyst to help create practical and realistic solutions for sharing both assets and debts you acquired while you were a family. • Emotional Tumult – Neutralizing power imbalances that impede productive and effective communication between the two divorcing parties in the collaborative process is extremely important to achieve the best outcome for both parties. A social worker or a counselor will be suggested to each of you by a good family court lawyer. If you can’t find one on your own you will be referred to one by them. • And finally the children. I bet you thought we forgot. Concerns about preschool or school aged children are always present in such unfortunate situations as separations and divorce. We suggest you consult a family therapist that will help you develop parenting schedules that are specifically drafted for your family’s unique needs. While this has nothing to do with family law, a caring and objective lawyer will advise you not only how to get in touch with a family therapist, but will suggest one to you should you have trouble finding a qualified specialist on your own. Moreover, some family court lawyers employ such professionals as part of their legal team. So what is
collaborative family law
⁠
? To put it plainly, it’s team of professionals, specifically lawyers, but not exclusively, who will work with both of you to help you agree to iron out any conflicts and objections you may each have outside of the court system. Collaborative family law should feel safe, fair and transparent as it is completely voluntary, meaning you must each agree to the process. Every detail must be analyzed, discussed and agreed upon by both, preceding the signing of the participation agreement which is the final step before moving forward with a collaborative approach. We decided to try it your way and both signed. So what now? Once you have agreed on all the details specified in the process and signed a participation agreement you now don’t have to go to court. Believe it or not, but a big weight has been lifted off your shoulders. Not only is it cheaper than court, but you have far more control over results, process involved and timing. A good family court law practice will teach you how to cooperate better and compromise a bit when need be, which is critical if children are involved. We promise that the approach you’ve chosen is both smart and concise and will deliver positive results compared to a court battle. Moreover, you will save money. A good collaborative agreement and effort by both parties will smoothly work through such emotional and complicated issues as: separation, child support, divorce, spousal support, division of property and who gets possession of the family home. Moreover, it will determine with whom the children stay with and when. Your relationship is now over. There is nothing that can be done to salvage it. Bitterness, thoughts of revenge and taking a stand that leans towards conflict rather than resolution will only add more pain, time and expense to your situation. A
participation agreement
⁠
, which is a binding contract made in good faith to work both honestly and openly towards a solution is the best option for everyone involved especially if you have kids. The main hurdle is for both parties to agree not to go to court. However, there is one caveat in play. If the participation agreement isn’t honoured and the process breaks down leading to both parties going the court route after all, both will need to find new representation. A big headache to say the least. The reason being, both law firms must withdraw, including lawyers not involved in the original process and may not represent the clients in subsequent court procedures. These rules, while appearing punitive at first glance, are actually there to encourage each party to stay the course even if things become difficult, which sometimes happens. Each must work diligently to reach a mutually acceptable resolution that will work for every member of their fractured family unit, especially the children.


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