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Essential elements of collaborative divorce

On Behalf of | Feb 21, 2023 | Collaborative Divorce

Divorce does not have to be acrimonious, heavily publicised and divisive. Subject to the circumstances of the divorce, you can dissolve your marriage through a collaborative divorce and avoid unnecessary courtroom drama. 

Divorce can bring out the other side of your spouse that you’ve never known. Emotions can get the best of one or both of you leading to decisions that might end up hurting everyone, and especially your children, for years to come. Through collaborative divorce, however, you can end your marriage without mud-slinging or fighting each other in court.  But what is collaborative divorce and how does it work?

Understanding collaborative divorce

As the name suggests, collaborative divorce allows the divorcing couple to negotiate the terms of their divorce without involving a judge. This type of divorce combines negotiation and mediation to reach a settlement on various aspects of the divorce like property division, child custody and co-parenting plans as well as child and spousal support. 

While no two collaborative divorce cases are the same, here are some of the elements that must be satisfied for this type of divorce to work:

Both parties must be committed to the process – both parties must be dedicated to settling, albeit in a respectful and non-adversarial manner, the issues that are arising from the decision to end your marriage. Additionally, they must be committed to ensuring that the new family structure (which is largely the child’s custody and living arrangements) works for everyone. 

Both parties must make full disclosures – Collaborative divorce is anchored on honesty and goodwill from both parties. And just like a litigated divorce, full disclosure of each party’s financial situation is absolutely paramount. Both parties must make known everything they own and owe as well as any information pertinent to a fair divorce settlement. Dishonesty can easily derail the process. 

Getting it right

There are several compelling reasons why you should opt for collaborative divorce when ending your marriage. Find out how you can safeguard your rights and interests during the collaborative divorce process.