Approaches to Divorce: Collaborative Family Law
Collaborative family law (CFL) is a process whereby a divorcing couple signs an agreement with a lawyer not go to court. The agreement is however binding to the divorce attorney and not the couple. If one or both clients are not satisfied with the agreement, they can still proceed to court but with a different lawyer. The whole process is aimed at seeking a mutual understanding between the parties undergoing a divorce. The settlement can include division of property, child custody and support, ongoing child care, etc.
Where there is a traditional dispute, every party retains its preferred financial advisor. In cases where results from the financial advisor and planner vary, experts may be called in. In some cases, disputes arise due to the conflict brought about by assessor recommendations which do not reflect the position of either or both divorce parties. In such cases, a third party may be drawn into the dispute.
Why Couples Have Different Divorce Lawyers
Couples can have different collaboratively trained lawyers but retain a common financial advisor, divorce coach and child expert. Having separate lawyers means that every party is assured of the preservation of their legal rights and that the risk of conflicts reduced by promoting settlement.
Most couples considering CFL are concerned with the issue of being forced to accept something or to resist an unwelcome demand on matters concerning safety and of importance.
The purpose of having separate lawyers is to shield a party from being forced to agree to anything by the other party. CFL is aimed at protecting a divorce party’s legal rights and addressing mutual concerns. The process is also good for addressing contentious issues which are tabled by any of the parties and come up with plans to mitigate concerns.
Who Participates in CFL Process?
The CFL process takes place in meetings involving divorce lawyers and clients. Financial planners, child experts and other consultants may also be included. Ancillary experts may sometimes form part of the team depending on the CFL style. The number of meetings and durations vary depending on the issues to be resolved.
CFL meetings are controlled by the participants and not the court. The parties’ are responsible for and control the settlements given unlike in traditional family law where a judge is involved.
Toronto Divorce lawyers offer a more intelligent and respectful approach to solving family law disputes. In CFL, neither of the parties is destined to destroy the other but to leave the relationship intact. Collaborating means working together to address issues in a manner that does not bring about conflicts between the parties involved.