How to cut costs when you’re separating
“You should lawyer up!”
“You need a pit bull lawyer!”
“You need to go after everything they’re worth!”
The above statements are often offered as pieces of advice from friends and family who may be trying their best to support you in your separation. While there are numerous arguments in favour of litigation in family law, there are many reasons why this might be undesirable.
Here are ten arguments in favour of collaborative family law:
Less expensive: When it comes to resolving your dispute, going to court is typically far more expensive than entering into a collaborative separation agreement. Divorce is very rarely a wise financial decision; you are taking one household and splitting it into two, which results in double carrying costs - two utility bills, two property tax bills, two mortgages, etc. At the forefront of most separating couples minds, is how to make everything work out financially. When you opt to be collaborative, you can choose to keep more money within the (separated) family than in the lawyers’ bank accounts.
Best interests of the children: When making decisions, the children's best interests are always the first consideration. Decisions that have an impact on the children require both parties to reach a consensus, which is not always the case in the legal system. It is almost ALWAYS in a child’s best interests to not have their parents, the people they love the most, in a state of conflict. The judicial process may frequently be very confrontational and emotionally demanding. Collaboration can create an environment that is helpful and caring is beneficial for everyone involved.
Professional Team: In collaborative family law, you have access to professional assistance to handle all of your legal, financial, and emotional issues. Mint Legal works closely with other professionals including accountants, and mental health practitioners that can provide support and guidance through your separation and divorce.
There are no "losers" in collaborative family law: By employing interest-based negotiation, which places an emphasis on underlying interests, values, and goals, it is possible to foster the development of solutions that are beneficial to both parties, as well as creative problem-solving and settlements that cater to the requirements of the entire family.
There are no secrets: The full disclosure of financial information is a significant advantage of the collaborative process, which enables both spouses to arrive at a settlement that each of them considers to be just and appropriate for their family structure.
Successful outcomes over the long term: The collaborative process makes it possible to reach a long-term agreement, which may include a parenting plan that does not create long-term emotional scars or ruin the respect and dignity of the parents and spouses.
Privacy: In the event that you choose to obtain a separation and divorce through the collaborative process, you can rest assured that all of your personal information will be kept private and discreet. When you opt to proceed through the court system, you are participating in a public forum, in an open court room where your personal information will often be laid out for the public.
Dignity: In a collaborative law model, you will be able to concentrate on the objectives of the sessions in a reasonable and courteous manner if you work through problems in an environment that is supportive of one another. While separation and divorce is rarely without some degree of stress, these levels of stress, anxiety, and conflict that are typically lesser than what many experience going through the traditional adversarial court process.
Control: You and your spouse are the ones who will make ultimately reach decisions through the collaborative law process. When you proceed through the court system, you hand all power to decide over to the judge.
Timeliness: At the time of writing this blog post, the wait times to get into the court system are long. To get to a morning chambers appearance where a very brief substantive issue can be heard, the wait time is anywhere from 1-3 months (absent grounds for an urgent hearing). Special hearings, which are a hearing that is meant for a matter that will take longer than 20 minutes to decide, are being booked 8-12 months out. Trials are being booked at least 12 months out. Meeting with resolution counsel, paid for by the public court system, is typically 2-4 months wait. Collaboration can result in quicker results, you don’t need to wait for a judge or court scheduler to tell you when you will get to have your matter addressed.