Frequently Asked Questions

Yes, it can.

The Collaborative Process is focused on settlement, with everyone working together towards the same goal, so it can be more efficient.

Collaborative Divorce eliminates the emotional and financial costs of the multiple court appearances and conflicts that are often part of a traditional divorce, as well as the time your lawyer is waiting in court for your matter to be heard. You also save the money that might be spent on multiple experts to prepare documents and exhibits for use in court or to conduct discoveries and issue subpoenas.
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The emotional support of Divorce Coaches can help you move through conflict that otherwise might keep you stuck for months or even years.

The cost of a Collaborative Family Law case is directly related to how quickly you and your spouse are able to reach an agreement. Your Collaborative Family

Lawyer is the best person to ask about fees for your specific case.

No

When you begin Collaborative Divorce, you each sign a Participation Agreement agreeing that your information cannot be shared if you decide to start over.

Most divorces that do not involve raw emotions have higher chances of being mutual.

However, when there are children involved in the process, even collaborative processes can become complicated. It is imperative not to discuss unpleasant matters, including loss of assets or incurring expenses, in front of them.
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However, it is vital to keep them updated on the mutual nature of the process. You should inform your children about your emotions towards them and the decisions you will be making about custody. Be sure not to involve them in any legal debate you might engage in.

It is not enough for the lawyer to be collaborative or unbiased.

Your lawyer needs to have some working experience in the field of mutual divorce. They might have years or even decades of litigation experience, but that cannot substitute the hands-on experience for collaborative divorce.

Absolutely.

The Collaborative Process helps you figure out what works best for both of you, rather than pitting you against each other as conventional divorce does. 
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Collaborative Divorce provides emotional support and financial guidance, if needed, to set you up for a harmonious separation and a strong, positive future.

The classic definition of a collaborative divorce is one where lawyers of both parties decide not to file court motions.

Always choose someone who agrees to sign the Collaborative Divorce Agreement. This situation comes with a catch – under any circumstance, if the parties become hostile and decide to move to court, they will have to find new attorneys to represent them.

A video created by the International Academy of Collaborative Professionals (IACP) explaining the Collaborative Process. The CDV’s Participating Members are also required to be members of the IACP.

Yes, you can—even if you don’t consider yourselves “collaborative.”

Collaborative Divorce helps couples in high-conflict separations come to an agreement and move forward with strength and dignity. 
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Collaborative Family Lawyers are specially trained to help you define your needs and negotiate through conflict. 
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Divorce Coaches can share tips and techniques to lower stress and help you communicate and feel heard in the midst of anger and bitterness.
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And if you share children, the Child Specialist helps you make sure your children are protected from the damage caused by family conflict.

This depends on what your immediate questions and concerns are about.

Many couples start by contacting a Collaborative Family Lawyer because lawyers play such a central role in the Collaborative Process.
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But if your main concerns are financial, then you might want to get in touch with a Financial Specialist.
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Likewise, if you’re struggling with emotions, conflict and/or parenting issues, start by contacting a Divorce Coach or Child Professional.
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Any CDV Professional can get you started and refer you to others.

Divorce Coaches are certified mental health professionals with special training in Collaborative Divorce.

They provide emotional support, teach communication skills, discuss parenting concerns, and help ensure that everyone’s needs, concerns and feelings are understood and contained. Typically, each of you will have your own Divorce Coach.

Collaborative Family Lawyers are trained in mediation and the Collaborative process.

They provide legal advice, help you negotiate, guide you through the Collaborative separation process and prepare the necessary legal documents. Each of you will have your own lawyer.

Conventional court-based divorce is referred to as “adversarial,” meaning each of you is on the opposite side.

Your lawyers try to get you each the best deal, which often results in a “win-lose” outcome.
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“Non-adversarial” means working together co-operatively to reach the best resolution for everyone. Everyone is on the same side, aiming for a “win-win” outcome.

A Child Specialist is a certified mental health professional with special training in child development and Collaborative Divorce.

They give children a safe place to express their feelings and help parents protect them from the emotional damage divorce can cause. The Child Specialist focuses completely on the children, and is not on either parent’s “side.”

A Financial Specialist is a certified financial professional with special training in Collaborative Divorce.

They help you gather financial information, get an accurate picture of your situation, create budgets and debt-repayment plans, and choose the best financial options for a strong future.

You must hire new lawyers and start over.

You cannot use any of the information disclosed in the Collaborative process if you do decide to go to court. Your Collaborative Lawyer will provide you with a list of options and resources for an alternative to the Collaborative Process.

Collaborative Divorce is a revolutionary no-court approach to separation and divorce that helps protect the dignity and long-term interests of all family members.

Family Lawyers, Divorce Coaches and Financial Specialists work together to fully support couples and families through separation and into a positive, harmonious two-household future.

Yes, you and your partner or spouse each have to sign a Participation Agreement with your Family Lawyers and other Collaborative Professionals.

It is an agreement that you and the professionals on your team sign, committing to:

• Stay out of court
• Communicate openly and with respect
• Disclose all relevant information promptly
• Keep negotiations confidential
• Hire new lawyers and start over if you do decide to go to court
• Not use any disclosed information against each other if you go to court

While court-based divorce focuses on your rights and entitlement, Collaborative Divorce and mediation both focus on the mutual interests of you and your partner.

Both mediation and Collaborative Divorce use problem-solving techniques to resolve disputes and reach an agreement.
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Mediation usually involves one mediator, while Collaborative Divorce involves two Family Lawyers, one for each of you.
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In mediation, the mediator is neutral, and cannot advise either of you separately or give you legal advice. You each must get independent legal advice outside of your meetings with the mediator.
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Collaborative Divorce offers you the best of both worlds, replacing the neutral role of the mediator with Family Lawyers who play the dual role of giving you legal advice and helping you negotiate. 

With Collaborative Divorce, you can also get support and guidance from Divorce Coaches and Financial Specialists. Your lawyers and other professionals meet with you and work together towards the best possible settlement.

Usually we operate in Vancouver and Victoria. However, during the current pandemic, we will continue to operate using Zoom for videoconferencing and therefore be available to all communities across BC.

To be eligible to participate in this project, you and your spouse must:

Both consent to participate in settlement meetings, and
Have a combined gross annual income of less than $75,000 and
Have less than $100,000 of equity in assets, excluding pension plans.

Preference will be given to the applicants with the most need.

The Collaborative Model uses a team of specially trained professionals who are committed to finding solutions that take into account the priorities of each of the parties and their children. The Pro Bono Collaborative team will include a lawyer for each party, a neutral divorce coach and if needed, a financial neutral.

The Collaborative team will work together with both parties in a joint effort to reach a satisfactory settlement that may include a parenting plan and/or an agreement on financial matters and support. The process will be time-limited. Applicants will be screened for suitability to the Collaborative Model and will be required to meet specific financial criteria.

The Collaborative Team often starts with Family Lawyers, one for each of you.

You can include mental health and financial professionals as well, depending on your needs:

• A Divorce Coach for each of you provides emotional support and helps you communicate and handle conflict.
• A Financial Specialist helps you understand your finances and choose your best financial options.
• A Child Professional gives your children a voice and helps you protect them from being damaged by divorce.

You are welcome to contact any of our Collaborative Professionals for a consultation. They can give you information about the Collaborative Process that’s specific to your situation.

Even though about 90% of all non-Collaborative family law cases are settled out of court, the process is still adversarial—and that’s very different from Collaborative Divorce.

With adversarial divorce:
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• Your lawyers advocate for you separately, aiming to get you a better deal than your partner or spouse (win-lose).
• You and your partner communicate through your lawyers using proposals, counterproposals and ultimatums, rather than talking directly.
• Your negotiations are often limited by formulas, statutes, rules of thumb and the threat of litigation.
• Many settlements are reached at the last minute, which is stressful and usually expensive.
• The adversarial process can create bitterness and anger that lasts for years.

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With Collaborative Divorce:

• Your lawyers work together, aiming to create the best possible agreement for the whole family (win-win).
• You and your partner negotiate directly, with the support of skilled professionals who make sure everyone’s needs are taken into account.
• You and your partner control the process, not court-based rules and schedules.
• Emotional support from Divorce Coaches can lower both stress and cost by helping you move past conflict to an agreement.
• The Collaborative process can heal bitterness, resolve anger and create a plan for a positive future.
• Both Collaborative and non-Collaborative divorce generally leads to a settlement. It’s up to you to choose what will work best for you and your family.

Yes, this is one of the things you and your spouse agree to do when you sign Participation Agreements.

There is no formal “discovery” in Collaborative Divorce that forces you to share information. When you begin the Collaborative Process, you and your partner or spouse must both agree to fully disclose all relevant financial information when requested.