Family Lawyer Waterloo

Collaborative divorce is an alternative to the adversarial court process or litigation. Both spouses enter into the collaborative process voluntarily and commit to resolving their issues cooperatively and respectfully, with the help of their lawyers and a team of professionals. If you and your spouse agree to avoid the court process, you must be open and willing to provide full disclosure to the other party voluntarily. The settlement will be based on the assumption that both parties have acted in good faith and provided honest and truthful information prior to the settlement.  You must also be prepared to compromise to get to a fair resolution.

During a collaborative case, you and your spouse participate in your own negotiated settlement process. Lawyers who are specifically trained in collaborative law assist you in reaching a common agreement. If you cannot agree on a settlement, you both find new lawyers to take your case to court. Collaborative law revolves around respect and cooperation. It seeks to help couples reach a negotiated agreement out of court in a safe and private setting.

You must both sign a collaborative participation agreement. This agreement states that you both commit to negotiating and resolution; the agreement prevents either spouse from litigating against the other while the negotiations are ongoing. The agreement could also include other provisions like:

• A commitment to resolve your differences in an amicable manner
• Commitment to maintaining constructive communication throughout the process
• A commitment to fully disclose your assets and liabilities
• Involvement of collaborative lawyers to help you reach a settlement
• The use of neutral experts like coaches, children’s specialists, and financial advisers to facilitate the process

The first step in a collaborative option involves forming a collaborative team to oversee the whole process. Each spouse hires a lawyer who is experienced in collaborative law matters. The clients will then jointly choose a Financial Neutral to manage the family assets. A Family Professional is often included in the collaborative team if children are involved.

The collaborative team first meets in the absence of the parties to map out a way forward. They then set a date for all the collaborative team members and spouses to be present. A wide range of issues is discussed during this meeting. When all the issues have been addressed and the parties reach an agreement, the collaborative lawyers prepare a legally binding separation agreement. The whole process is complete once the separation agreement has been signed.

The collaborative process gives both parties more control over the negotiation and the outcome. In collaborative family law, the partners set the parameters and items of discussion in advance. The collaborative divorce process uses a team approach by involving an experienced family law lawyer to help spouses make informed decisions. Compared to litigation, collaborative law is less costly and less time-consuming. Collaborative option provides a more positive experience and results in better agreements.