Collaborative Law in Oakville

COLLABORATIVE LAW

Collaborative Family Law is a process whereby divorcing couples agree to settle all matters arising from their marriage and separation without going to Court. In addition to their lawyers, the couple works with various professionals as a team to settle issues like property division, net family property equalization, support, parenting (custody and access), and end their marriage on cooperative terms.

What is a Collaborative Divorce?

The spouses work together to resolve legal issues and create a mutually beneficial Separation Agreement, rather than go to Court and having a judge impose decisions for their family. Because both spouses approach the process with a mindset of reaching a Separation Agreement that is tailored to their family, the Collaborative process typically yields better outcomes, and does so faster and more cost-effectively than the conventional Court process. Collaborative divorce can only be practiced by professionals and lawyers who have completed specialized training. Most of our lawyers at Nachla Law Office are certified collaborative divorce professionals and can help you navigate this efficient and beneficial option. Nachla Law Office is a safe place where a Collaborative team of professionals will work with you and your partner to help you reach a global settlement out of Court. The Collaborative process is completely voluntary. No one can be forced to settle through the Collaborative process. You will both sign a Participation Agreement as a commitment to the Collaborative process.

What Does a Collaborative Lawyer Do?

Your lawyer is there to:

Advise you, and advocate strongly (but not adversarially) to protect your interests and rights.
Recommend practical solutions that make sense for your priorities and goals for your family.
Facilitate information sharing, open communication and financial disclosure
Provide you with clarity, support and reassurance
Explain the options available to you and help you weigh your options
Facilitate respectful discussions between you and your spouse, as well as provide a safe space where you can both speak openly and honestly in Collaborative Team Meetings
Prepare the Separation Agreement that you will both sign

YOUR COLLABORATIVE LAW TEAM

Your Collaborative Team will typically include:

Your and your ex-spouse’s Collaborative Family Law Lawyers
A Chartered Financial Divorce Specialist, who will help with the financial disclosure necessary for negotiating the division of assets and debts. This professional will also help you reach practical solutions for dividing the assets and debts fairly
A Family Professional (aka a social worker who is a certified in Collaborative Family Law) who will help you develop the parenting schedules tailored to your children and your family’s specific needs.

They also neutralize any power imbalances that frustrate effective communication and help get you to a signed Separation Agreement faster and more cost-effectively. People sometimes get scared that adding more professionals to the team will increase the cost of getting to a global settlement. In fact, it lowers the cost. How? By getting the right professional doing the right job at the right time. The lawyers typically have the highest hourly rates. Limiting what the lawyers have to do to those things that only a lawyer can do (like prepare the Separation Agreement collaboratively) will significantly lower your legal fees. In the Collaborative process, the Chartered Financial Divorce Specialist taking care of the financial disclosure and helps the parties budget for their separate futures; the Family Professional helps the parties reach a Parenting Plan and prepares that as a schedule to the Separation Agreement. These professionals do those necessary parts of the global settlement and Separation Agreement based on lower hourly rates than the lawyers, ultimately saving you money overall.

WHY CHOOSE COLLABORATIVE FAMILY LAW/COLLABORATIVE DIVORCE?

Divorcing couples choose Collaborative process because they wish to reduce conflict, establish a positive co-parenting relationship, and help the family move forward as a family in two homes living in harmony. Collaborative Law is generally faster and more cost-effective than going to Court or even Mediation. You also have much more control over timing, results and how you will get to a signed Separation Agreement. It also often teaches you how to better communicate and co-parent.

Knowledge is Power

For individuals seeking legal advice, we provide general information as well as legal advice you will need to know our rights and obligations with respect to:

Separation and Divorce: Providing comprehensive legal guidance throughout the divorce process.
Cohabitation Agreements: Safeguarding the interests of unmarried couples.
Marriage Contracts: Drafting agreements to protect your assets and interests.
Parenting (Custody and Access): Decision-making and parenting plans.
Division of Property: Net Family Property Equalization, Division of Assets and Debts, and Certified Business Valuations.
Child Support: Federal Child Support Guidelines, Section 7 Special or Extraordinary Expenses, and Income Assessment for Self-Employed parents.
Spousal Support: Spousal Support Advisory Guidelines, and Income Assessment for Self-Employed spouses.
Adoption: Guiding you through the legal intricacies of expanding your family.
Matrimonial Home: Buy out by one spouse, appraisal of home, sale of home and distribution of net proceeds of sale.

…and all other complex issues that can arise in family law that are relevant to you.

Collaborative Law for all Family Matters

COLLABORATIVE FAMILY LAW is ideal for:

Separation Agreements;
Cohabitation Agreements;
Marriage Contracts (aka Pre-Nuptual Agreements or Prenups);
Parenting Plans;
Plans for Elder Care;
Adoption Openness Agreements; and
Issues involving Wills and Estates.

If you have any questions about Collaborative Family Law at our firm, please do not hesitate to contact us. We welcome your questions! Let’s Connect!

What’s the Difference Between Collaborative Law and Mediation?

Divorcing couples choose Collaborative process because they wish to reduce conflict, establish a positive co-parenting relationship, and help the family move forward as a family in two homes living in harmony. Collaborative Law is generally faster and more cost-effective than going to Court or even Mediation. You also have much more control over timing, results and how you will get to a signed Separation Agreement. It also often teaches you how to better communicate and co-parent.