
Are you navigating a relationship breakdown? Our compassionate team at GOOD LAW is here to support you through this emotionally challenging journey with care, support and efficiency.
Understanding Collaborative Divorce
Collaborative Family Law represents a fresh approach for couples navigating a relationship breakdown or separation, offering a means to resolve disputes amicably and equitably without the need for court intervention. What sets this method apart is its unwavering focus on minimizing the adverse effects on children and enhancing quality of life post-separation, making it particularly impactful in family matters. This innovative approach places a premium on respectful and fair dealings.
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Collaborative Family Law isn't just limited to divorce; it extends its benefits to a range of situations, including parenting disputes, estate issues, and civil conflicts. Its core tenets are dignity and fairness, striving to ensure that all parties involved emerge from the process with their integrity intact. However, it’s important to note that the Collaborative Family Law process isn’t universally suitable. Its success hinges on the willingness of all parties to engage in face-to-face dialogue and commit to a fair resolution in good faith.
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This approach is designed for those who are determined to prevent permanent damage to relationships, even in challenging circumstances. Collaborative Family Law empowers individuals to take control of their futures, fostering constructive dialogue and mutual respect in the pursuit of equitable solutions.
Commonly asked questions about Collaborative Divorce
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How Is Collaborative Divorce Different from Other Methods?Collaborative Divorce promotes respect and keeps spouses, not the courts, in control of the outcome. It addresses each couple’s unique concerns and allows for creative solutions, as opposed to litigation, which is driven by the general rule of law meant to apply to all. Because clients agree not to go to court, the process is more open and less adversarial. The goal is to enhance communication throughout the process and lay the foundation for a healthier relationship after divorce. You and your spouse will receive the benefit of both of your lawyers’ opinions throughout the process, at the appropriate time. Your lawyers will jointly prepare the formal agreement and divorce documents, and you will receive independent advice from you own lawyer. In addition to legal counsel, the team may include Divorce Coaches, Financial Specialists, and Child Specialists. A Divorce Coach helps each spouse manage the pain and stress of changing relationships and improve communication while focusing on goals for the present and future. A neutral Financial Specialist helps you and your spouse with tax issues, pension valuations, developing financial options for your family’s future well-being, and a variety of other financial matters as needed. A neutral Child Specialist can provide expert advice to you as you develop a parenting plan customized to meet the unique needs of your family. He or she can also talk to your children to gain their perspective. Collaborative Divorce Alberta Association has created a helpful document explaining the Collaborative Process.
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What Are the Benefits of Collaborative Divorce?Control In Collaborative Divorce, you and your spouse agree not to go to court. This gives you and your spouse control of the process and outcome, versus litigation, where a judge makes the final decision. Collaboration Instead of the win–lose court setting, the entire collaborative team ensures that both spouses work with, not against, each other, toward mutually beneficial solutions for critical issues. Communication One barrier in litigation is the lack of effective communication between spouses. In the Collaborative Divorce process, spouses learn a framework for effectively communicating their concerns and goals and brainstorming outcomes. Better for Children Collaborative Divorce gives children a voice in the process, alleviating the potential for future trauma that sometimes persists for generations. Private Problems and assets are kept private within the Collaborative Divorce process. Less Stressful Collaborative Divorce allows spouses to control pace and timing, improves communication between spouses, keeps control of the outcome with the spouses, and promotes respect and healthier long-term communications. Learning Effective Communication Skills Communication skills acquired during Collaborative Divorce may have positive applications outside of divorce as well. To hear more about how Collaborative Divorce works, please click here to watch a short video.
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What Training and Qualifications Do Collaborative Divorce Professionals Have?Minimum Standards for Collaborative Professionals The Association of Collaborative Family Professionals (ACFP) in Edmonton outlines the following requirements for professionals wishing to be recognized as Registered Collaborative Family Professionals in family-related disputes: 1. General Requirements for Collaborative Professionals: Must be a member in good standing of the International Association of Collaborative Professionals (IACP). Must be a member in good standing of ACFP (Edmonton). Must adhere to ACFP (Edmonton)'s mission statement, protocols, and policies. 2. Minimum Standards for Registered Collaborative Family Lawyers: Must be a member in good standing of the Law Society of Alberta. Completion of a two-day Introduction to Collaborative Practice training course, including interdisciplinary training. Completion of a 30-hour training course in interest-based negotiation. Completion of a 40-hour training course in mediation of divorce and family conflicts. Must meet continuing education requirements set by the Board for Registered Collaborative Divorce Professionals. 3. Minimum Standards for Registered Collaborative Mental Health Professionals or Coaches: Must hold a Mental Health Professional license in good standing with relevant governing body. Background, education, and experience in various areas including family-systems theory, family dynamics in separation and divorce, and child development for Child Specialists. Completion of a two-day Introduction to Collaborative Practice training course. Completion of at least one 30-hour training course in mediation or interest-based negotiation. Accumulation of 15 hours of training in various relevant areas. Completion of a minimum of three hours of training in family law in Alberta. Must meet continuing education and professional association requirements set by the Board. 4. Minimum Standards for Registered Collaborative Financial Professionals: Must hold a professional license or designation in good standing with relevant governing body. Background, education, and experience in financial aspects of divorce and related areas. Completion of a two-day Introduction to Collaborative Divorce training course. Completion of at least one 30-hour training course in mediation or interest-based negotiation. Accumulation of 20 hours of education or practical experience in financial fundamentals of divorce. Accumulation of 15 hours of training in various relevant areas. Must meet continuing education and professional association requirements set by the Board. Upon meeting specific standards and completing required training, professionals may attain a "qualified" status, provided they undertake to fulfill remaining requirements within specified timeframes. All clients and team members must be notified of this qualified status.