What is collaborative divorce in Ontario and is it right for me?

Collaborative divorce is a way of settling the issues from your separation outside court, usually through meetings where each spouse and their lawyer work toward a shared agreement. It is not a different kind of divorce: a judge still has to grant it, and it takes effect on the 31st day after the judgment is made. The Divorce Act expects parties to try a family dispute resolution process such as mediation where appropriate, and lawyers must encourage them to do so.

Who takes part, and what happens if talks end, depends on the process you choose and what you sign at the start, so ask about both before you commit. Ask whether the same lawyers can continue if the case goes to court. If a contested case does reach court and an answer is filed, a judge must hold at least one conference, subject to exceptions.

Any agreement can cover parenting, but the court considers only the child's best interests in parenting orders. Collaborative work may suit spouses who can talk respectfully and share information openly. If safety is a concern, say so before choosing any process; mediators, for example, screen for safety throughout. A lawyer can help you compare options.