Collaborative Family Law as a Better Alternative to Divorce Court

Posted by on September 10, 2011

Divorce can be very stressful on all family members involved, and the process of going through divorce court can add to the trauma if the battle is long and bitter.  There are alternatives to divorce court for couples who can talk rationally and reasonably with each other to preserve the long term interests of the family.  This issue solving approach using open communication and cooperation is called collaboration.  Collaborative family law is a relatively new process that eases the emotional strains of a break up and paves the way for smoother interactions in the future. 

Collaborative family law emphasizes the needs of the children and strives to find the best outcome for all family members using mutual respect and cooperation.  By maintaining control of the process and reaching agreements themselves, divorcing parties tend to be happier in the long run than those who have court imposed judgments.

Both parties must agree to the collaborative model and sign a participation agreement.  Each spouse must use a lawyer that is trained in Collaborative Family Law to provide legal advice and coaching in an organized framework.  Through confidential settlement meetings, the couple and their lawyers agree on the terms of the separation agreement, including spousal support, child support, child custody, division of property and other items.

Diane Daly is a leading lawyer practicing collaborative family law in Oakville.  Diane has been a divorce lawyer for over 20 years, but trained in collaborative family law in 2004.  She is a proud member of several collaborative practice groups and federations, and trains other family law lawyers.

She explains that “Collaborative Family Law uses a team approach to assist spouses in resolving separation issues.  The “team” will include you, your spouse, your lawyers, and any other professionals needed, including financial experts and family specialists.” You and your spouse decide who you will need on your team based on the advice of your lawyer. A team approach allows you access to the right expertise as needed, resulting in a more efficient and cost effective resolution.

To find out if Collaborative Family Law is an option for your family, call the Diane Daly team at Oakville Law. (905) 844-5883.

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