Timeline of the Family Law Collaborative Process

Collaborative family law process diagram

The Collaborative Family Law process is a great alternative to traditional court-based divorce. It focuses on working together, respecting each other, and finding long-term solutions. The Collaborative Association of the Lower Mainland is a group of lawyers, financial professionals, and coaches who offer collaborative family law services to families experiencing separation and divorce.

Here’s a simple overview of the key stages in a collaborative family law case.

1. Getting Ready

Success in the collaborative process starts with good preparation. This phase ensures both spouses are ready to solve their issues by working together, being open, and getting help from a collaborative team.

  • Checking If It’s Right for You: Each person’s lawyer checks if collaborative law is a good fit. They look at how the parties work together and if power imbalances between the parties might cause problems.
  • Inviting Your Spouse: Once one spouse is interested, the other is invited to join. Both must agree to work together instead of going to court, promising to share information honestly.
  • Building the Team: The spouses choose a team of professionals to support the family. This usually includes collaborative lawyers, a divorce coach or mental health professional, and a financial expert. Each professional provides emotional, legal, or financial guidance within their area of expertise.
  • Signing the Agreement: Everyone signs a participation agreement, promising to resolve issues outside of court. If anyone decides to go to court, the lawyers must withdraw. This reinforces the commitment to the collaborative process.
  • Setting the Agenda: Before the first meeting, the team creates an agenda to focus discussions on topics like parenting, finances, and future plans.

2. Meetings

Collaboration happens through a series of structured meetings between spouses and professionals. These discussions help create solutions that work for everyone involved.

  • First Meetings: Initial meetings involve lawyers and spouses and sessions with coaches or financial experts. These meetings set the stage for productive negotiations by addressing communication, emotional concerns, and financial realities.
  • Tasks Between Meetings: Spouses complete tasks between sessions like gathering financial documents or thinking about their goals. This preparation keeps the process moving smoothly.
  • Regular Meetings: The team meets regularly to address key issues. Meetings are focused on the spouses finding solutions, building on previous discussions to move toward resolution.
  • Identifying Goals: With the team’s help, each party identifies their main interests and long-term goals. This step shifts the focus from past issues to future needs, ensuring that the solutions developed serve each spouse’s priorities.

3. Creating Solutions

Once interests and goals are clear, the collaborative team works together to develop creative solutions that meet the needs of both parties.

  • Brainstorming Solutions: Instead of sticking to rigid positions, the collaborative process encourages flexibility. The team brainstorms solutions that address the concerns of both parties, aiming for outcomes that benefit everyone.
  • Key Areas to Resolve:
    • Parenting Plans: Creating child-centered plans that promote the children’s well-being.
    • Dividing Assets and Debts: Ensuring a fair division of marital property while planning for both parties’ financial futures.
    • Support Arrangements: Negotiating child and spousal support based on financial needs and circumstances.
    • Financial Planning: Planning for both parties’ financial stability after divorce.

4. Finalizing the Agreement

After developing functional solutions, the team works to finalize the agreements and prepares for implementation.

  • Reviewing Agreements: The team ensures all written agreements are properly documented. The lawyers jointly prepare the written agreements based on the decisions made during the collaborative process.
  • Implementing Steps: The team outlines the steps needed to put the agreement into action, such as transferring assets and updating parenting schedules to ensure a smooth transition to the new arrangements.

5. Signing the Separation Agreement and Parenting Plan

The final stage is formalizing the agreements reached during the collaborative process.

  • Separation Agreement: This document outlines the terms of the divorce, including financial arrangements and property division.
  • Parenting Plan: The parenting plan details parenting arrangements, schedules, and decision-making responsibilities.

Once both agreements are signed, the collaborative process is complete.

Conclusion

The life cycle of the family law collaborative process illustrates the preparation, teamwork, and creative problem-solving abilities of this unique option for spouses going through separation and divorce.

By guiding spouses through structured meetings, developing mutually beneficial solutions, and finalizing agreements, the collaborative process helps families resolve disputes with dignity. Families emerge from this process with a customized, future-focused agreement that minimizes conflict and promotes a healthy post-divorce dynamic.

Contact a lawyer, financial neutral, or divorce coach via the Collaborative Association of the Lower Mainland contact page for more information about the collaborative process.

Written by:
Krista Lidstone, Lawyer, Family Mediator, Collaborative Professional
Email – krista@clarityfamilylaw.ca
Tel: 604-210-2462