How it Works

COLLABORATIVE DIVORCE

Each spouse is represented by a Registered Collaborative Family Law lawyer. The foundation of the Collaborative Process is a signed agreement not to go to Court. This creates a safe environment for spouses to negotiate without fear. All relevant financial information is brought to the meetings, creating an open and transparent process.

1. Initial Meeting

In our first meeting, I provide legal information about the divorce process and inform you of your options. We discuss your goals and concerns. I also answer questions to help you decide if collaborative divorce is the best path for you. We will discuss what other professionals may be required to assist you and your family such as the financial neutral, the divorce coach and the family specialist.

2. Collaborative Team Meetings

We start by scheduling a series of team meetings (both spouses and lawyers). At the first meeting we review and sign the Participation Agreement, which states our shared intention to negotiate the terms of your divorce in a collaborative fashion outside of court. In subsequent meetings, we negotiate an agreement that best meets the needs of your family. The number of meetings varies depending on the family and the complexity of issues to be resolved.

3. Meetings with other Collaborative Professionals

Meetings with the financial neutrals and/or family specialist may occur at any time during the process

4. Finalize the Divorce

When you have reached resolution on all issues, the lawyers prepare a formal divorce agreement and the court documents. Once the agreement is signed by all parties, the lawyers file the documents with the Court.

MEDIATION

The mediator is a neutral third party that works with both spouses to facilitate a conversation and assist the parties in resolving their issues. The mediator cannot advocate for either party or give legal advice or legal opinions.

1. Initial Phone Consultation

In a brief phone call I will discuss my process so you and your spouse are able to decide if the mediation process will work best for your family.

2. Mediation Sessions

We start the mediation process by reviewing and signing the Agreement to Mediate and creating an agenda which includes the issues you need assistance in resolving. If needed, we create interim agreements to address living arrangements, parenting plans, or financial matters until final agreements are reached. We continue to meet until all issues are resolved.

3. Mediated Agreement

When agreements have been reached on all issues, I prepare a mediated agreement.

4. Independent Legal Advice

Each spouse takes the Mediated Agreement to their own lawyer for independent legal advice.

6. Finalize the Divorce

One of the lawyers will file the necessary documents with the Court to finalize the divorce.

LITIGATION

In the litigation process, one or both parties are unwilling or unable to cooperate. Litigation is an adversarial process whereby negotiations occur between counsel with the intention of reaching a resolution. If the parties cannot agree, then the lawyers attend at Court where a Judge makes a decision for the parties.

1. Initial Meeting

In our first meeting, I provide legal information about the divorce process and inform you of your options. We discuss your goals and concerns.

2. Initiate the Divorce Action

If your spouse has not already filed a Statement of Claim for Divorce, then we would prepare and file this document, which starts the legal action. If you have already been served with a Statement of Claim, then we prepare and file a Statement of Defence.

3. Financial Disclosure

Most divorce actions are accompanied by a Notice to Disclose which requires both parties to exchange financial information. This usually occurs before any negotiations regarding a settlement are conducted.

2. Negotiations

Every matter is different. You may have already received a proposal for settlement from your spouse, or we may discuss preparing and sending an offer of settlement. Usually there are back and forth negotiations between the lawyers with the intention of reaching a settlement. Depending on your situation, we may need to involve a parenting expert, a business valuator or an actuary to appraise a pension.

3. Court Applications

If the parties cannot reach an agreement through negotiations, then Court applications may become necessary whereby a Judge makes a decision for the parties. This may involve interim applications for child support, spousal support or a parenting order. For more involved matters, a Special Chambers or trial may be necessary in order to reach resolution on all issues, including a division of property.

4. Finalize the Divorce

When a resolution has been reached on all issues, either through negotiations or Court Orders, the lawyers prepare a formal divorce agreement and the court documents.