Collaborative Family Lawyers
Collaborative Family Law is a voluntary dispute resolution process where each partner retains their own collaboratively trained family lawyer, and all participants commit to resolving their matter outside of court. Rather than working against each other, both parties and their lawyers meet together to reach a settlement that reflects each family’s goals and priorities.
Collaborative family law is typically less expensive than proceeding through the court system and is often much quicker. It is an amicable process, where everyone works as a team. Cohen Highley LLP has collaboratively trained lawyers serving clients across Southwestern Ontario, including London, Kitchener, Windsor, Strathroy, and Sarnia.
Collaborative Family Law Services We Offer
Cohen Highley LLP’s collaboratively trained lawyers work with you to reach a resolution that reflects your family’s priorities, without the cost or conflict of court. Our family law team assists clients with the full range of matters that can be addressed through the collaborative process including:
- Separation Agreements: We negotiate and draft legally binding agreements covering property division, support obligations, and parenting arrangements.
- Division of Property and Assets: We can guide you through the fair division of assets accumulated during the relationship, including the family home, investments, pensions, and business interests.
- Equalization of Net Family Property: We assist legally married spouses with calculating and negotiating the equalization of net family property.
- Child & Spousal Support: Our team assists with negotiating child and spousal support entitlement, amount, and duration.
- Decision-Making Responsibility and Parenting Time: We work with both parents to develop a parenting plan that reflects the children’s needs and supports a workable co-parenting relationship.
Our Approach to Collaborative Family Law
Every collaborative matter at Cohen Highley LLP begins with a conversation. Our lawyers take a client-centred approach from the first conversation. Before anything is signed, your lawyer will take time to understand what matters most to you, help you think through your priorities, and give you an honest assessment of whether collaborative law is the right path for your situation. If it is, both parties retain their own collaboratively trained lawyer and sign a participation agreement committing to resolve the matter without going to court.
From there, the lawyers and parties work through financial disclosure together, meeting as a group to identify shared interests and move toward agreement. Where finances are complex, a financial professional may be brought in to assist. Where children’s arrangements are central, a parenting specialist may also participate.
Once terms are settled, your lawyer will draft an agreement that reflects the negotiated outcome. Both parties review and sign with their respective counsel. The result is a legally binding document without the need for a court order.
Why Choose Cohen Highley LLP
Cohen Highley LLP brings decades of family law experience to every matter we handle. Our family law team has the breadth to support clients through the full range of issues that arise from separation, and the depth to handle matters that are financially complex, emotionally demanding, or difficult to resolve.
Collaborative law works best when it is guided by lawyers who understand both the process and what lies beyond it. If your circumstances change or the collaborative process turns out not to be the right fit, our team is equipped to advise you on other resolution options, including negotiation, mediation, and litigation.
Frequently Asked Questions
What is the difference between collaborative family law and mediation?
In collaborative family law, each party has their own lawyer present and receives legal advice throughout the process. In mediation, a neutral third party facilitates discussion but does not provide legal advice to either side. Both approaches aim to resolve matters outside of court, but collaborative law gives each party independent legal guidance at every step of the negotiation.
What happens if the collaborative process does not result in an agreement?
If the process breaks down and one or both parties decide to proceed to court, both collaborative lawyers must withdraw. Each party would then retain new legal counsel for litigation. This is set out in the participation agreement signed at the outset and is intended to keep all participants genuinely committed to reaching a negotiated outcome.
Is collaborative family law less expensive than going to court?
Collaborative family law is generally less costly than contested court proceedings, though the overall cost depends on the complexity of the issues and the number of meetings required. Your lawyer can give you a clearer picture of what to expect based on the specifics of your matter during an initial consultation.
Can collaborative family law be used for common-law separations?
Yes. The collaborative process is available to both legally married couples and common-law partners. Property, support, and parenting arrangements arising from a common-law separation can all be addressed with the assistance of collaboratively trained lawyers.
How do I know if collaborative family law is right for my situation?
The best starting point is a conversation with a collaboratively trained lawyer who can review your circumstances and help you understand which approach is most appropriate for you. Collaborative law works best when both parties are willing to engage in good faith and share information openly.
Our legal team is accessible, innovative, and professional.
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