What Is Collaborative Divorce in Alberta and Is It Right for Me?
This answer covers the law of Alberta.
Collaborative divorce is a way for separating spouses to try to settle their issues through negotiation with their professionals instead of going to court. The Court of King's Bench lists collaborative professionals among its family dispute resolution services, alongside mediation, parenting coordination and arbitration. Whether it suits you depends on how well you and your spouse can work together and on the terms of the agreement you sign at the start.
What happens if the process breaks down depends on that agreement, so read it with a lawyer before signing. If you end up in court, the Family Justice Strategy requirements apply unless the matter is urgent or a waiver has been obtained. The Divorce Act says parties shall try, to the extent appropriate, to resolve matters through a family dispute resolution process, but this is a duty to try, not a requirement to complete mediation.
Government family mediation is a different route. It is free, but it requires, among other things, that both parents agree to mediate, at least one dependent child, and that one parent's gross income is $60,000 or less per year.
Key takeaways
- Collaborative professionals are one of the family dispute resolution services listed by the Court of King's Bench.
- What happens if the process breaks down depends on the agreement you sign, so have a lawyer review it first.
- The Divorce Act sets a duty to try, where appropriate, to resolve matters through family dispute resolution, not a requirement to complete mediation.
- Government family mediation is free but has eligibility rules, including that both parents agree and that one parent's gross income is $60,000 or less per year.