Separation Doesn’t Have to Mean a Court Battle: Understanding Collaborative Family Law in Alberta

When people hear the words “family lawyer,” many immediately picture a courtroom. They imagine affidavits, applications, hearings, lawyers arguing and a judge making decisions. But family law does not always have to unfold that way.

For couples who are willing and able to work toward an agreement, collaborative family law can provide a different way to resolve the legal and practical issues that arise during separation.

What Happens in Collaborative Family Law?

In a collaborative matter, each person has their own lawyer. Rather than preparing immediately for a contested court proceeding, the parties and their lawyers work together through a series of structured discussions and negotiations.

The process can address issues such as:

• Parenting arrangements

• Child support

• Spousal support

• Division of property and debts

• Financial disclosure

• Parenting-related expenses

• Other issues arising from the separation

The parties work toward a negotiated agreement rather than asking a judge to decide every unresolved issue. The Alberta Court of King’s Bench describes collaborative practice as a process that allows separating or divorcing spouses to create their own agreement with the assistance of specially trained professionals. 

How Is This Different From Going to Court?

The biggest difference is who controls the outcome. In litigation, the parties present their positions and evidence and ultimately ask a judge to make decisions about the disputed issues. In collaborative law, the parties remain at the centre of the decision-making process. That can be particularly valuable when there are children involved.

Instead of asking, “What will the judge order?” the conversation can become:

“What parenting arrangement will actually work for our children and our family?” That shift can change the entire tone of a separation.

What About My Legal Rights? Choosing collaboration does not mean giving up legal advice. Quite the opposite. Each person has their own lawyer whose role is to provide independent legal advice and help protect their client’s interests.

A collaborative lawyer can help you understand:

• What the law says about your situation;

• What information and financial disclosure you should receive;

• What your potential rights and obligations may be;

• Which issues require further investigation;

• Whether a proposed agreement is fair and workable; and

• What options you have if negotiations are unsuccessful.

Collaboration should be informed negotiation, not uninformed compromise.

Can Other Professionals Be Involved?

Yes.

One of the unique features of collaborative practice is the ability to bring other professionals into the process when appropriate. Depending on the family’s circumstances, this may include financial professionals or family/mental-health professionals.

For example, a family with complicated financial circumstances may benefit from financial expertise, while parents experiencing significant communication difficulties may benefit from a professional who can assist with the family dynamics and parenting aspects of separation.

This multidisciplinary approach can address issues that extend beyond the legal questions alone. (Alberta Courts)

What If We Don’t Agree?

This is an important question. Collaborative law is not a guarantee that two people will agree. The process is designed to create a structured opportunity to negotiate and resolve issues.

If the collaborative process cannot resolve the matter, the parties may need to consider another dispute-resolution process or litigation. The collaborative process has specific rules governing the lawyers’ participation if the matter proceeds into contested court proceedings.

That is one reason it is important to understand the process before entering into it and to have independent legal advice throughout.

When Might Collaborative Law Be a Good Fit?

Collaborative law may be worth considering when:

• Both parties want to resolve their matter without a traditional court battle;

• Both are willing to exchange relevant financial information;

• There are children and maintaining a functional co-parenting relationship is important;

• Both parties want to participate in creating their own solutions;

• The parties are capable of communicating and negotiating with appropriate professional support; and

• Both want a structured process rather than informal negotiations that may become difficult or unpredictable.

• It may not be appropriate where there is significant coercion, intimidation, safety concerns or an inability or unwillingness to participate meaningfully in the process.

You Don’t Have to Decide Everything on Day One

One of the most important things to understand is that contacting a family lawyer does not mean you have committed yourself to going to court. A consultation can simply be an opportunity to understand your legal position and your available options. You may ultimately decide that collaboration is appropriate. You may decide that mediation or another form of negotiation is better suited to your circumstances. Or you may determine that litigation is necessary. The important thing is making that decision with a clear understanding of your options. 

Choosing the Right Path Forward 

Separation is difficult enough without automatically assuming that the only way forward is a courtroom.

Alberta’s family justice system recognizes a number of dispute-resolution processes, including collaborative practice. The Court of King’s Bench has also introduced its Family Focused Protocol, which emphasizes a family-centred and resolution-oriented approach to family matters. Collaborative family law will not be the right choice for every family.

But for families who are able to work toward resolution, it can offer something litigation often cannot: the opportunity to remain directly involved in creating the solution.

Sometimes the strongest way forward is not to fight harder, but to resolve the issues differently.

Considering Collaborative Family Law?

If you would like to learn more about collaborative family law and whether it may be appropriate for your circumstances, we would be happy to speak with you about your options.

Harmandeep Chahal, a registered Collaborative Family Lawyer in Edmonton, Alberta, can help you understand the collaborative process, your legal options, and whether this approach may be a good fit for your family.

Contact our office to schedule a consultation and take the first step toward resolving your family law matter in a constructive and informed way.