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Collaborative Divorce: What Divorcees Need to Know

Divorce CalgaryDue to a type of divorce called collaborative divorce, an alternative to the basic practice, filing a divorce can be less burdensome for previously married couples, especially those with assets and children, who have decided to legally go separate ways. The husband and the wife will first have to discuss the procedure and as soon as both parties agree to the arrangement, the process may begin. Should they need the assistance of divorce lawyers, Calgary attorneys are competent to offer them a hand.

What Is a Collaborative Divorce?

A collaborative divorce is a settlement in which the divorcees each hire a counsel to represent their case. On their behalf, the attorneys will fend for them, state reasons, mediate, and inform them of their options. Apart from managing conflict, the goal is to establish the least aggressive approach of dividing assets and assignment of custody which usually has to pass through a course of arguments and compromise. Sometimes, it can take a long while – especially if a party is adamant on a request. Regardless of the period, in the end, both spouses arrive at an agreement.

Who Are Involved?

In a collaborative divorce, involved are the husband, wife, individual attorneys, and coaches. There are instances when hiring coaches is unnecessary but if the lawyers see fit, they will have to bring them in. The team is made to enter a participation agreement which states that the mediating professionals retain the right to withdraw and discontinue their participation unless a settlement in a definite time is reached.

Who Opts for a Collaborative Divorce?

As a collaborative divorce is a way of saving money, divorcees who are looking at a practical way to resolve their disputes are commonly the ones opting to let attorneys fight their battles. Especially if the feud is too grave, landing at a peaceful state may be impossible. Sometimes, additional problems will begin setting in, which can mean them having to spend extra. Should professionals, who can remain objective while making negotiations, enter the picture, the probability of causing further damage is low.

What Are the Rules?

  • Circumstances of the arguments including heated fights, infidelity, jealousy cases, mental health issues, physical abuse, and threatened safety must be disclosed
  • Communications through lawyers must be delivered justly and in no way, meant to let one party gain advantage over the other
  • Should no consent be given, the right over assets, insurance, and properties as well as checking on financial statements must be retained
  • Should they be involved, each party must act in the best interest of the children to prevent serious emotional damage; should discussions be in order, it has to be decided upon fairly
  • Using interest-based negotiations, concerns have to be settled in a non-adversarial approach

The rules of a collaborative divorce can sometimes be hard to comprehend. In the event things get awry, court proceedings may be in order. To avoid such consequences, the husband and wife should ask the matter to be explained to them by divorce lawyers. Calgary has a cluster of attorneys who can clear things up and negotiate on their behalf.

Calgary Office

#125 6707 Elbow Drive SW
Calgary, Alberta
T2V 0E5
Phone: (403) 560-8550

Red Deer Office

#100 4781 – 49 Street
Red Deer, Alberta
T4N 1T6
Phone: (403) 986 9626

Edmonton Office

#204, 3456 - 91 Street NW
Edmonton, Alberta
T6E 5R1
Phone: (780) 761 1277