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Collaborative Divorce Alberta Blog

Collaborative Divorce

12/06/22

Do You Need A Separation Agreement?

Many people believe that a Divorce Judgment is all that is necessary to protect themselves following a separation, but a Separation Agreement with independent legal advice is usually also necessary to fully protect each party. A Separation Agreement can ensure all current and future assets and debts are addressed and it often goes into further detail on issues of parenting and support than a Divorce Judgment. Further, only a Separation Agreement can address one or both parties waiving any claims to partner or spousal support, any claims to each other’s Canada Pension Plan credits for the period of cohabitation, or...


11/22/22

Why Should Families Use The Collaborative Law Process

Law schools focus on teaching students how to litigate. Law Students learn the Rules of Court, study legislation, study caselaw, and practice running trials. Now, there are a few weeks that Law Students spend on how to negotiate and other “alternative dispute resolutions”. The description of “alternative dispute resolutions” as being “alternative” accurately describes that litigation (going to Court) is the “primary” or “default” form of dispute resolution. Our dispute resolution system is set-up so that the default form of resolution is litigation. If parties don’t agree on how to resolve their dispute, the only thing that they can force...


10/16/22

Family Lawyers: Why You Should Practice Collaborative Law

Family Law is a difficult area to practice. Emotions are high, funds and resources are limited, caselaw is evolving, courts are unpredictable, other areas of law intersect, expert’s opinions vary and the problems never stop. In every trial I have ever run the judge tells the parties that they would be better off making their decisions together instead of relinquishing their control over the most important decisions of their lives. These judges are correct. Collaborative law is a great form of dispute resolution where lawyers can focus on really helping people with their lives and problems. Lawyers are contractually obligated...


08/30/22

The History of Collaborative Law

Collaborative family law is a process through which lawyers, mediators and clients work together to create legally binding settlements without resorting to litigation. In 1990, Stu Webb, a family law practitioner in Minneapolis, Minnesota announced to his clients and colleagues that he would no longer go to court; he would only represent clients in a participatory negotiation process aimed solely at creative settlements. If the process could not result in settlement, Stu would refer his clients to litigation counsel and withdraw from the matter. This was the start of the collaborative family law movement which quickly spread to Canada.


07/20/22

Collaborative Law Is Becoming More Accessible To Albertans Than Ever Before. Here’s Why:

As a result of technology, and a push for the use of technology by the covid-pandemic, Collaborative Law is now more available to Albertans than ever before. When Courts face an undeterminable number of adjournments and scheduling delays, Collaborative Law works at the pace of the parties involved. The Collaborative process can work remotely and families that are facing a break-up in a community with no collaboratively trained lawyers, can retain collaboratively trained lawyers in other communities. Digital meetings on Zoom, Skype, or the like offer more than just flexibility in meeting times and locations. Virtual meetings offer a sense...


06/20/22

How To Choose The Right Type Of Divorce Settlement Process

When couples decide to end their relationship, there are a number of ways they can do it. If there is a high level of cooperation between the two, they may be able to work everything out themselves or have their lawyers negotiate a resolution of all issues. If there is little to no agreement, they can go through mediation, arbitration, collaborative law or go to court. They could go through traditional court litigation or private arbitration, which are the most complicated, drawn out and expensive dispute resolution process. But if the individuals in the couple are reasonably well-adjusted, and there...


05/24/22

Why People Use Collaborative Law To Resolve Family Law Disputes

What are the advantages of choosing Collaborative Law? Choosing Collaborative Law offers many advantages when it comes to resolving family law disputes: Collaborative Law can be used to resolve disputes at any stage. The earlier you engage with Collaborative Law, the better. This helps avoid litigation from escalating. It offers a confidential means of resolving disputes, in contrast to the public nature of court proceedings. Collaborative Law is non-binding until a settlement is reached. Collaborative Law allows parties to control the process and reach an agreement customized to their needs. Rather than leaving the ultimate decisions about a family and...


11/23/20

Three essential tips to prepare you financially for a Collaborative Divorce

My top three tips to help you get financially prepared for your divorce or separation. First, be in the know of your finances and this means knowing how to logon to online financial platforms like bank accounts, your CRA online account, investments, etc.  If you don’t already have one, register for the MYACCOUNT online account service with the CRA to obtain your own logon credentials. This will allow you easy access to your previous income tax returns, Notice of Assessments, notices for Government benefits that you are entitled to like the Canadian Child Benefit (CCB), etc. Second, gather any documents...


02/05/20

Navigating the Financial Aspects of a Collaborative Divorce when a Business is Owned

Author: Crystal Hawryluk, CPA, CGA, CBV, CFE Some divorcing couples may have limited assets to be divided such as a house and RRSP’s and perhaps some liabilities such as a mortgage and credit card debt. Divorces such as these can often be quite straightforward from a division of matrimonial property standpoint. However, in more complex situations like this, you may require the assistance of a Financial Neutral (i.e. a financial expert that has also been collaboratively trained) to help you navigate the additional complexities that arise from owning a business. Specifically, how do you determine what the shares of your...


06/25/19

Podcast: An in-depth discussion about Collaborative Practice

In early June 2019, I had the pleasure of joining Catherine Potter on her podcast, “You – The Universe, The Holistic Mind”, to discuss the concepts of Collaborative Practice.  We discussed the basic principles of Collaborative Practice, how it is beneficial and what it offers couples that are working through a divorce with a team of Professionals consisting of divorce lawyers, financial professionals and mental health professionals & coaches. Click play to enjoy the 1-hour podcast interview below.


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