FAQs – Collaborative Divorce Peel Hamilton Halton

FREQUENTLY ASKED QUESTIONS

Some common questions about the collaborative process have been covered below. If you have a question that has not been addressed, please contact us.

What is Collaborative Family Practice?

Collaborative Family Practice is an approach to separation and divorce without going to or threatening to go to court.

Collaborative Family Practice allows the parties to a separation or divorce to develop a settlement solution in a dignified manner that protects the long-term best interests of your family.

How do the costs compare with the conventional approach?

The expense of the Collaborative Family Practice process will depend on the complexity of the issues involved but will typically cost less than going to court.

Who’s involved?

In addition to Collaborative Family Practice lawyers, the process can also involve family relationship professionals, financial planning professionals and business valuation professionals that all work together as a team to develop a settlement solution for the parties subject to separation or divorce.

How does the collaborative practice find creative solutions?

Since the Collaborative Family Practice process is outside of the court system, it allows the parties to be more creative in developing a win-win solution for everyone involved.

What is a collaborative participation agreement?

The Participation Agreement is the cornerstone to the Collaborative Family Practice process. It is a contract signed by both the parties, their lawyers and other professionals, committing to work out a settlement without going to court.

Do Collaborative Professionals have specialized training?

Collaborative professionals have undergone training to acquaint themselves with the principles and processes of Collaborative Family Practice.

What is the origin of collaborative practice?

A Minnesota lawyer by the name of Stu Webb first created the concept of Collaborative Family Practice in 1990. He became disenchanted with his family law litigation practice and thus made the decision that he would no longer take a client’s case to court.

How do I find out more?

You can call any one of OUR MEMBERS from our group for more information or visit their websites. In addition, visit the our links page located here.

What’s the process?

You and your spouse each hire a specially trained collaborative lawyer and sign the participation agreement. Then, you and your spouse and the professionals you have chosen will conduct settlement meetings which are structured discussion where you, your spouse and the other professionals on the team communicate and negotiate directly with one another. Once an agreement is reached on all of the issues, a written agreement is drafted by the lawyers. This becomes your Separation Agreement.