Divorce Guide

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Collaborative divorce BC

Collaborative divorce is a process that helps both parties to get divorced outside the court. People signing for collaborative divorce in BC have to fulfill certain requirements as per the family law. In this course of action, the separating parties and their attorneys sign a written agreement to work together for resolving issues without court interference.

Grounds for filing divorce

There are certain grounds of divorce which you should consider before filing. These grounds can be fault divorce or no fault divorce.

For fault Divorce issues like cruelty, adultery, imprisonment, and impotency are considered. For filing no fault divorce you and your spouse must be living separately for one year.

Team involved in the process

Collaborative divorce in BC is an approach for mutual respect and team problem solving. Both the parties work with their respective lawyers. Professionals appointed are highly qualified and are aware of the collaborative law. Financial advisor, mental health professionals and child specialists also work with them. This four way meeting is for two hours. The need of such meeting depends on number of complex issues to be solved. Some disputes can be solved in few days while few take time.

The team approach is flexible, and helps to meet the family needs. Presence of all the family members of both parties is not required. However, both the parties are represented by a family lawyer.

Benefits of collaborative divorce in BC

This kind of approach creates an atmosphere of open interaction, which helps the parties to make an agreement which can fulfill their needs during separation process. Benefits like:

  • Co-operative environment is created
  • Emphasis is made on the needs and well being of children
  • Legal cost is less
  • Privacy is maintained
  • Helps both the parties to move on with their lives
  • Maintains a respectful relationships during the process of separation
  • Financial security for future is provided.

Steps for filing the collaborative divorce in BC

  • Discuss with your spouse about the collaborative approach. This kind of approach is successful only if both parties agree with the terms.
  • Appoint a lawyer who is well trained in the process of collaboration. Consult and give him an idea about your case. Make a list of the issues to be discussed.
  • Schedule a four way meeting of you, your spouse and the respective lawyers appointed for discussing the issues.
  • Once the issues are resolved, settle down the agreement. Once you reach the agreement, your lawyer will prepare the documents stating the settlement details

Couples of British Columbia opt for collaborative divorce in BC, when they want to negotiate the settlement in private and maintain a cordial relation with each other. If both parties donít wish to file for divorce in the court, this process can be helpful. It is legally acceptable and follows the same process like court proceedings.

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