What is collaborative divorce in Ontario?
Collaborative divorce is a non-adversarial legal process where both spouses and their lawyers commit to settling matters out of court through cooperative negotiation.
How is collaborative divorce different from mediation?
- Collaborative divorce: Each party has their own trained lawyer present in every meeting.
- Mediation: A neutral third party guides discussion; lawyers may or may not be involved.
What are the benefits of collaborative divorce?
- Reduces conflict and hostility
- Faster and more cost-effective than court
- Promotes customized solutions
- Protects privacy and family relationships
Who is involved in the collaborative process?
In addition to lawyers, professionals such as financial specialists, divorce coaches, or child specialists may join the process to support informed decisions.
What happens if collaborative divorce fails?
If no agreement is reached, both collaborative lawyers must withdraw, and new lawyers must be retained if the matter proceeds to court.
Is collaborative divorce legally binding?
Yes. Once a settlement is reached, the lawyers draft a binding separation agreement for both parties to sign.
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