Understanding How a Collaborative Divorce Works

Contrary to what movies and TV shows often depict, divorcing couples don’t necessarily have to harbor animosity towards each other. Many divorcees remain friends for many years afterward. One effective approach to preserve amicable ties with your ex is to opt for a collaborative divorce. 

Under this approach, you discuss the terms of your separation with your ex. There’s no judge to make the decisions for you here. You must be civil, honest, and professional for it to work.  

This blog will explain the steps of a collaborative divorce, showing you what to expect down the road.

Talk to an Experienced Divorce Attorney

Despite being an independent procedure, a collaborative divorce still needs input from a qualified lawyer. Each of you should get a lawyer to help with the negotiation. 

These professionals are there to ensure the split follows the law. Additionally, they will help you draft legal documents like the parenting plan, correcting mistakes that only a professional with experience can note. 

Be Positive and Start on Good Terms

“While no one expects you to be best friends with your ex, It’s essential to sit down with them and discuss serious matters.  Starting on a positive note can set the tone for productive conversations,” says family attorney Paul Riley of The Riley Divorce and Family Law Firm.

Make no mistake: your attitude can significantly impact the course of your collaborative divorce. Set aside all the resentment and enter the negotiation room with a win-win mentality, aiming to find compromises that are beneficial for everyone involved. Your lawyer can advise signing a collaborative participation agreement in good faith, ensuring that you are not exploited during the negotiations. 

Build Your Team 

Aside from your attorney, you may need additional experts to help you in making the best decisions during the negotiations. Loosely speaking, here is a list of some of the professionals you might need:

• A financial advisor 
• A therapist 
• A mediator 
• A child custody expert 

Exchange Information

With the relevant experts by your side, it is now time to start disclosing information about assets, debts, and property acquired before and during your marriage. 

Again, it’s better to enter this stage with good faith. Hiding assets from your spouse may jeopardize the entire procedure. 

Present Your Priorities

With both your assets in the open, write down a list of priorities and present it to your attorney. 

For example, how do you want to share assets? Do you wish to keep the house? The car? If you have a business, will you split ownership? Most importantly, do you want sole or joint custody? 

Ensure your attorney knows what you want to ensure your interests are reflected in the final agreement. 

Start Negotiating

With everything in place, it is time to start the negotiation process. It will involve you, your ex, and your respective lawyers. You can also invite other experts to help with issues like asset valuation and child custody evaluation. 

Remain civil and professional. Highlight the issues you agree with and those that you don’t. The negotiation process may stretch across several sessions as you refine the agreement. Regularly meet with your attorney in between to discuss your strategy. 

Submit Your Agreement to Court

After finalizing your discussions, your attorneys will turn your separation agreement into a legal contract that meets Canada’s divorce requirements. After signing it, your lawyers will submit it to court for approval as your official divorce settlement. 

Conclusion

A collaborative divorce is a simpler approach to separation than litigation. It only requires that you be civil and enter negotiation in good faith, intending to reach a compromise that satisfies everyone.