Collaborative Family Law

By Val Hemminger; Westshore Lawyer, serving British Columbia

If you and your spouse are separating or thinking about separating you may be looking for a way to resolve your issues and come to an agreement outside of court.

If this is the case you may want to consider the collaborative family law process.

Collaborative Law is a process that addresses the emotional financial and legal issues that arise as you transition through the end of a relationship.

The heart of collaborative practice or collaborative divorce is to offer you and your spouse or partner the support protection and guidance of your own lawyers but to resolve disputes respectfully and without going to court.

In collaborative practice, there are three core elements:

  1. Negotiate a mutually acceptable settlement without having courts decide issues.
  2. Maintain open and transparent communication.
  3. And create shared solutions acknowledging the highest priorities- more often than not an individual’s highest priority is to move forward into the next chapter of their life repairing what can be repaired and causing little or minimal damage to themselves or their children.

As I mentioned, The legal issues are only one aspect of the challenges that arise when individuals are separating or divorcing.

The collaborative process allows you the benefit of working with other trained professionals to support you in various ways.

These professionals can include financial specialist divorce coaches, child specialist that can all work together as a team for the benefit of all parties.

And you might think wow there are a lot of moving parts here it sounds complicated or it sounds expensive. However, in our experience having the appropriate support at the outset allows people the best opportunity to play an active role in decision making that will affect them for a long time to come and greatly reduces the likelihood of conflict and litigation in the future which can certainly come at a great expense.