Collaborative Divorce in Oakville
We’ve all heard “divorce war stories” characterised by unfair division of assets, child custody battles and more. Well, divorce doesn’t need to be a battleground.
Even during the difficult times when communication feels impossible, there’s still hope. You can avoid the courtroom drama and keep control of the outcome yourselves rather than have a judge impose decisions on you and your family. You are still a family when you live in 2 homes.
At Nachla Law, we aim to guide our clients toward a cost-effective resolution that is tailored to prioritize your family’s well-being, that puts your children front and center, and that allows you to move on with dignity. Collaborative divorce is a more peaceful, expedient, cost-effective, and smarter path than divorce Court litigation or traditional negotiations.
Schedule a FREE 15-minute phone call. We can answer any questions you have on collaborative family law for 15 minutes. Call: 647-360-6513 or email: office@nachlaw.com.You can also visit our law office in Oakville (Google Maps).
Nachla Law firm boasts 25+ years’ experience in Family law among other areas. Schedule a session with our team of experienced divorce lawyers.
What is a Collaborative Divorce?
A collaborative divorce refers to the process of settling divorce matters in a collaborative manner outside of court. As the name suggests, both parties agree to settle matters out-of-court. At Nacha Law, we have professional collaborative divorce lawyers who have specialized training and experience, and are ready to help you navigate the collaborative divorce process.
The Collaborative Family Law process is based on open communication, honesty and transparency, and a team effort to reach an amicable agreement that is tailored to the family and that puts the children at the forefront.
The Collaborative Divorce Process: How It Works
If you are considering a collaborative divorce process in Oakville, here’s a step-by-step summary of what to expect:
Step 1: Initial Decision & Selection of Professionals (Collaborative Divorce Lawyers, Family Professional, Financial Expert)
It’s worth noting that collaborative divorce is voluntary and no one can be forced to accept any out-of-court settlement processes. If both parties opt for a collaborative divorce process, they must enter into a formal Participation Agreement that requires them to commit to the process and not threaten to go to Court.
Step one also involves selecting the required professionals for the Collaborative Team. Each spouse must have a collaborative family lawyer who has the necessary training and certification. The lawyers will work together to assemble a team of collaborative professionals, which includes:
- A financial divorce specialist (to assist the parties with the financial disclosure needed for the settlement negotiations, and to assist the parties to reach a financial settlement regarding property division and net family property equalization, and also to assist with budgeting for the future).
- A family professional (to assist with parenting schedules, communication strategies, and emotional support, particularly when children are involved).
- Other specialists, such as business valuators, actuaries or tax accountants, if needed.
Step 2: Information Gathering and Assessment
In this step, information needed for negotiations and independent legal advice is gathered by the financial divorce specialist. There must be full financial disclosure for the Separation Agreement to be binding and enforceable. Step 2 also involves identifying each spouse’s priorities, common goals, and interests. Both lawyers will also offer their clients legal advice regarding their rights and obligations. I deleted “in the process”.
Step 3: Collaborative Team Meetings
Once there is full financial disclosure and both spouses understand their rights and obligations, respectful dialogue can begin. Full Collaborative Team Meetings are held virtually or in-person, with a focus on discussing and negotiating all issues for the Separation Agreement.
The Collaborative Team Meetings focus on key divorce issues, such as:
- Child Custody & Parenting Plans
- Child Support & Spousal Support
- Matrimonial Home
- Division of Property & Assets
- Net Family Property Equalization
- Other important terms of the Separation Agreement
In addition to helping parents establish a healthy co-parenting relationship and a comprehensive parenting plan, the family professional assists with creating a safe space, managing communication and reaching common ground. The overall goal is developing amicable solutions tailored to the family, which typically include division of property, child custody/parenting plans, and more.
Step 4: Separation Agreement
Whatever is agreed upon in the Collaborative Team Meetings is then formalized in a Separation Agreement. Both lawyers collaborate and jointly prepare a Separation Agreement capturing all terms of the divorce settlement. Both spouses are supposed to review the Separation Agreement with their respective lawyers and sign it.
Step 5: Finalizing the Collaborative Divorce
On signing the Separation Agreement, the lawyers proceed to finalize any related transactions of the legal separation agreement, such as the sale of the matrimonial home and the division of the net proceeds of sale; or the transfer of title of the matrimonial home from both spouses to one spouse only, and the refinancing. Spouses also change their respective Wills. The final step is the Application for Divorce (Simple), or Uncontested Divorce. The Separation Agreement is filed with the court to obtain a Divorce Order.
Do you have any questions about the collaborative divorce process in Oakville? Schedule a FREE 15-minute call with one of our certified collaborative divorce lawyers in Oakville.
How is Collaborative Family Law cost-effective?
This is a question we frequently receive, and the answer lies in ensuring the right professionals are engaged at the right time, each contributing according to their expertise. Family Professionals and Financial Divorce Specialists typically have lower hourly rates than Collaborative Family Lawyers, allowing for a more stream-lined, cost-effective approach. While Collaborative Family Lawyers are equipped to develop and finalize a parenting plan, Family Professionals can perform these tasks more efficiently and at a lower cost. In negotiations, the Family Professionals ensure that all parties are comfortable, enabling the Collaborative Family Lawyers to focus on what they do best—negotiating a fair settlement and preparing the Separation Agreement.
Similarly, while Collaborative Family Lawyers can prepare financial disclosure, Financial Divorce Specialists can handle this task more quickly and efficiently, at a lower cost. Additionally, most collaborative professionals are trained Mediators, meaning you benefit from the expertise of four mediators working on your settlement, without incurring any additional fees.
Main Benefits of Collaborative Divorce Vs. Traditional Divorce Negotiations and Court Litigation
Looking for more reasons to go the collaborative divorce way? Here is a summary of the benefits of a collaborative divorce process;
- Fast and affordable: The negotiation process is faster and more affordable than traditional lawyer-to-lawyer negotiations, Mediation, Arbitration, and Court litigation,
- More control: Both parties have more control over the timing and outcome of the divorce settlement. The most important decisions aren’t made by a judge or arbitrator; they’re made by you.
- One Family, Two Homes: Collaborative Divorce recognizes that you are still one family living in 2 homes. If you have children, you want their milestones, like graduations and weddings, to be joyful events, not stressful high conflict events.
- Preserves relationships: The process ensures less conflict between divorcing parties. It boosts effective communication and harmonious co-parenting.
- Child focus: Collaborative divorce focuses on the best interest of the entire family and puts children at the forefront.
- More privacy: The process offers more privacy as sensitive information doesn’t find its way into a courtroom or public Court records.
Get started with your collaborative divorce process with certified collaborative lawyers with 25+ years of experience. Schedule a FREE 15-minute call NOW!
FAQs About Collaborative Divorce in Oakville
What Happens if Divorcing Parties Fail to Reach an Amicable Resolution?
If you hire an experienced Collaborative Divorce Lawyer and other collaborative divorce professionals, you are bound to reach an amicable settlement outside of Court. In the event that the Collaborative Divorce Process does not result in a global settlement and Separation Agreement, there are other Alternative Dispute Resolution processes, such as Mediation or traditional negotiations of a Separation Agreement. It would be reasonable for spouses to consider Arbitration, or in the unlikely event of a contested divorce, a Court litigation process can follow.
If one of the spouses decides to discontinue the Collaborative Family law process, we can represent our clients’ interests in a lawyer assisted mediation, and in so doing, we can assist clients in finding accredited family law mediators and represent clients in family court.
What is the Cost of a Collaborative Divorce?
Collaborative divorces are generally much more affordable than traditional Lawyer-to-Lawyer Negotiations, Mediation, Court Litigation and Arbitration. To determine the exact cost, you need to consider factors like case complexity, conflict level, lawyer and other professionals’ hourly rates, and other factors like the level of cooperation between parties. The cost is typically tied to the level of conflict.
How Do I Choose a Good Collaborative Divorce Lawyer?
Besides typical legal requirements for becoming a divorce lawyer, one must obtain specialized training to become a certified Collaborative Divorce Lawyer. This training equips a lawyer with critical settlement negotiation, communication, and conflict resolution skills, which are paramount in collaborative divorce. Ensure the professional you select has the training, experience, and knowledge to give you the service you need and deserve.
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