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Collaborative Family Law is a private out-of-court alternative dispute resolution process which allows for separating couples to stay in control of their own decision making, instead of attending court and leaving the adjudication of the family matter to a judge. The process is very simple and highly successful. Both spouses or partners retain their own Registered Collaborative Family Lawyer (RCFL). Lawyers work together with the parties to establish what may be common goals and outline each parties’ respective goals. All issues regarding the divorce, children, support, property division etc. are discussed. Options for resolution can be generated and evaluated and this leads to informed decisions and final agreements that are fair. Financial disclosure is required and documents must be voluntarily provided.
Each lawyer represents their own client and maintains solicitor-client privilege during the process.
The Edmonton Collaborative Family Association has established an approved Participation Agreement which is a ‘standstill agreement’; meaning that both parties must agree not to make an Application in court during the process and negotiate in good faith. This relieves a certain degree of stress throughout the process. In the privacy of law firm boardrooms, you create your own unique agreement with the guidance and direction of the lawyers. The lawyers draft all necessary legal documents to finalize these agreements and provide Independent Legal Advice to their own client.
The Collaborative Process is an interdisciplinary model and during the process, if both parties agree, other professionals such as a financial neutral, a business or property valuator, parenting specialist or divorce coach may be used. These professionals are also trained in the Collaborative Process and registered with the Collaborative Association of Professionals. Your family needs can be adequately addressed and unique, individualized solutions can be found.
During your consultation at Kay Law and Mediation, please mention your interest in Collaborative Family Law and Deborah A. Kay will ensure to provide you with more information about this private, out-of-court process.
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