Collaborative Law in Ontario: Is It The Cost-Effective Solution For Your Divorce?

  • With Collaborative Law, you will commit to not going to Family Court.

  • Both parties must agree to participate in a Collaborative Divorce.

  • An approach using a collaborative divorce lawyer working with neutral parenting and financial specialists.

  • Less adversarial approach and want their lawyer to be present throughout the negotiations.

  • A way for you to resolve disputes respectfully.

Collaborative lawyers working together

Collaborative lawyers work together with you and your spouse to seek agreements. It is only for those who are committed to seeking agreement even though you may not reach agreement in the end.

Why is this useful for me?

Collaborative lawyers are solution focused and specially trained to support a beneficial outcome for you both. If you do not reach agreement, you will need to find new lawyers, as your collaborative lawyers cannot represent you in court.

Collaborative lawyers can range from $250 to $500

Typically, each party in a collaborative divorce hires a lawyer. The hourly rates for collaborative lawyers can range from $250 to $500 or more. Besides legal fees, other professionals such as financial advisors, child specialists, and coaches may be involved, adding to the overall cost.

collaborative divorce practice

Divorce in Ontario - Collaborative Law
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Divorce in Ontario - Collaborative Law

What is Collaborative Family Law

For clients who prefer a less adversarial approach and want their lawyer to be present throughout the negotiations, and costs are not a major concern, then Collaborative Family Law (Collaborative Divorce) could be a viable option. With Collaborative Family Law, you will commit to not going to Family Court and to negotiating an acceptable settlement that works for you both.

The Collaborative Family Law process involves a non-adversarial team approach using a collaborative divorce lawyer working with neutral parenting and financial specialists. Through a series of joint meetings with the professionals, you’ll get the information you need to make the best decisions. This is often an option when the ultimate end goal is an amicable divorce.

How does Collaborative Family Law work

Collaborative Family Law

Process

  • Non-adversarial
  • A way for you to resolve disputes respectfully.
  • Without going to court

Mediator

  • Absent

Financial Information

All financial Information is voluntarily disclosed.

The Process

Both parties will meet with (if needed);

Which Process is Right for You?

  • When there is no real fear of domestic violence.
  • Both parties must agree to participate.
  • You can speak for yourself.
  • Listen to views and concerns from your spouse.
  • You are able to negotiate a mutually acceptable settlement and do not want to leave the decision regarding your children and property to a judge.

Types of Cases

  • When both parties are willing to listen objectfully to each other’s needs and wants. – Directly or through their lawyers.
  • Willing to negotiate in good faith.
  • Both parties respect each other’s needs.
  • Both parties want what’s best for the children.

Circumstances where one party is not willing to give up his/her power, or there is substantial educational or psychological disadvantage. This type of Divorce may not work for you.

Confidentiality

  • Private and confidential.
  • All documents prepared for the collaborative negotiations.
  • All matters discussed in a session.

Only the final agreement, if submitted to the court, is a public document.

Time Required for Resolution

  • 120 days – 6 months.
  • Several meetings of lawyers and clients.
  • Meetings with experts

What does Collaborative Family Law Cost

Very costly. Depending on your lawyer fees.

  • Meetings
  • Correspondence
  • Drafting of the agreement
  • Collaborative Law in Toronto and other major centers in Canada starts at $15,000 for each spouse

Decision Maker

On advice from your lawyer. The decision is yours and your spouses.

Outcome

A separation agreement is prepared by the collaborative lawyers. When signed by both parties it becomes a binding and enforceable court contract.

NEXT: Mediation

Next learn about how Mediation transforms conflicts in to long lasting agreements. Part 5 of this article looks at Divorce Mediation as a separation and divorce settlement option (1 other option to follow). Tap the LOWER COST OPTION button below to continue.

Conclusion

As a Mediator and Certified Divorce Financial Analyst (CDFA), I wholeheartedly believe that understanding your options is the key to making the best decisions about your future. When it comes to divorce in Ontario, it’s crucial to evaluate the various pathways and their associated costs, such as the option of collaborative law.

However, it’s important to consider that the costs of collaborative law can add up quickly. Multiple professionals are involved in the process. While their expertise can be invaluable, it can also lead to escalating costs that may not be the best fit for every situation.

Mediation presents a more streamlined and cost-effective approach to resolving divorce disputes. It provides a forum for open communication, fostering a spirit of compromise and mutual respect. With the guidance of a neutral mediator, both parties can work towards a resolution that respects their individual needs and circumstances. This process helps maintain control over the outcomes and reduces costs.

As a CDFA, I will meticulously consider the financial aspects of your divorce during mediation. This can give you confidence and peace of mind, knowing that your financial future is being professionally handled.

So, is mediation worth considering? Absolutely. It’s a smart, efficient, and cost-effective way to navigate the complexities of divorce. But don’t just take my word for it.

I invite you to schedule a ‘Get Acquainted Call’ with me. Let’s discuss your unique situation, answer your questions, and explore how mediation can provide a more amicable, affordable, and empowering pathway through your divorce. This is your journey, and you deserve to traverse it in the smartest way possible. Let’s start that journey together today.

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Ken S, Maynard CDFA
1.855.731.3500
647.360.3200

Divorce Advice
About the Author:
Ken Maynard CDFA, Acc.FM

I help smart and successful couples, create separation agreements with clarity and soft landings for secure futures, in 4 meetings or less without all the lawyer created overwhelming conflicts, confusion and costs. You can work with me by video conference or with a DTSW associate at any of our 6 DTSW Greater Toronto mediation centers, including | Aurora | Barrie | North York | Vaughan | Mississauga | Scarborough.

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