13 // Divorce Without Court: The Collaborative Family Law Process for Fraser Valley Families

Success begins with preparation. This stage ensures both spouses are ready to collaborate and engage with a team of professionals.

• Checking if It’s Right for You: Collaborative lawyers assess whether this approach suits your situation, considering factors like communication styles and potential power imbalances.

• Inviting Your Spouse: Both parties must agree to resolve issues outside of court, fostering

  collaboration over confrontation.

• Building the Team: You’ll assemble a team of professionals, typically including collaborative lawyers, a divorce coach or mental health expert, and a financial specialist. Many professionals in Abbotsford and the Fraser Valley are well-versed in supporting families in these processes.

• Signing the Agreement: All parties sign a participation agreement, committing to resolving disputes through collaboration. If either spouse chooses to go to court, the collaborative lawyers must step aside, emphasizing the commitment to this process.

• Setting the Agenda: Before the first meeting, the team creates an agenda to guide discussions on parenting, finances, and future plans.

The collaborative process unfolds through structured meetings where spouses and professionals work together to create solutions.

• First Meetings: Initial sessions set the tone, addressing communication challenges, emotional concerns, and financial realities.

• Tasks Between Meetings: Spouses complete tasks like gathering financial documents or clarifying personal goals to maintain progress.

• Regular Meetings: These focused discussions build on previous sessions, working toward resolutions on key issues.

• Identifying Goals: With professional support, both spouses outline their long-term priorities, shifting attention from past conflicts to future solutions.

Once goals are identified, the collaborative team works together to craft creative, mutually beneficial outcomes. This process encourages flexibility, generating options that address both parties’ needs.

• Key Areas of Resolution:

  • Parenting Plans: Developing child-centered arrangements that prioritize children’s well-being.

  • Dividing Assets and Debts: Ensuring fair division of marital property while planning for financial stability.

  • Support Arrangements: Negotiating child and spousal support based on financial needs and circumstances.

  • Financial Planning: Creating strategies to secure both parties’ futures, a critical step for families in the Fraser Valley’s growing communities.

After developing functional solutions, the team works to finalize the agreements and prepares for implementation.

• Reviewing Agreements: The team ensures all written agreements are properly documented.  The lawyers jointly prepare the written agreements based on the decisions made during the collaborative process.

• Implementing Steps: The team outlines the steps needed to put the agreement into action, such as transferring assets and updating parenting schedules to ensure a smooth transition to the new arrangements.

Signing the Separation Agreement and Parenting Plan

This final stage formalizes the arrangements and concludes the collaborative process.

• Separation Agreement: Outlines terms like financial arrangements and property division.

• Parenting Plan: Details schedules, decision-making responsibilities, and co-parenting arrangements.

  
  

  Once signed, these documents signify the completion of the collaborative process.

The Collaborative Family Law process combines preparation, teamwork, and creative problem-solving to help families navigate separation with dignity. By fostering cooperation, it allows spouses to create customized solutions that reduce conflict and promote a healthy post-divorce dynamic.

Ready to explore the Collaborative Family Law process?