Collaborative divorce

Collaborative Practice is a non-adversarial process conducted outside the Court system. It is a relatively new way of solving conflicts providing a structure for both emotional support and legal guidance. It is a process that helps protect the dignity, integrity, and long-term best interests of all family members.

Role of the lawyer

The difference between mediation, litigation and collaborative divorce tends to revolve around the role of the lawyer. In mediation cases, you and your spouse hire one neutral attorney to ensure fairness and facilitate discussion. In litigation, you and your spouse each hire a lawyer to protect your respective interests; the lawyers, however, (often) are adversaries. Collaborative divorce combines the positive aspects of both procedures. Both spouses hire a lawyer to represent his/her own interests, yet they all collaborate.

Communication

The collaborative approach creates an atmosphere of open communication and cooperation that assists you and your spouse in shaping an agreement that best meets your needs and the needs of the children during the separation process ànd in the future. Compared to litigation, which often results in lengthy and costly court battles, collaborative divorce focuses on preventing and avoiding animosity between spouses. It employs problem-solving techniques that foster efficient resolution of issues.

Other professionals

During the collaborative process, other professionals like life coaches, (child) psychologists and financial advisors, among others, can actively take part in the divorce process as well. That way, problems are dealt with from different perspectives at the same time, enabling spouses to make well-studied decisions.

No Court decision

The couple and professionals all sign a contract, the so-called Participation Agreement, binding each other to the process and disqualifying their respective lawyer's right to represent either one in any future family related litigation. Thus, rather than awaiting an uncertain Court ruling by a stranger (the judge), you and your spouse keep control and make the decisions that will impact your family now and into the future.