Practice areas · Collaborative divorce
A better way to separate.
No courtroom. Two trained lawyers. One shared table. A process built to protect what’s left of the relationship.
What it is
Collaborative divorce means staying out of court — by agreement.
Before the process begins, you and your spouse each sign a participation agreement. It’s a shared commitment — in writing — to resolve your separation without going to court. Both of you choose your own collaboratively trained lawyer, and together the four of you work through parenting, property, and support at the table rather than across a courtroom.
Other professionals can be brought in when needed — a financial specialist to map out property and support, a family specialist to help navigate conversations about children. The goal of every meeting is a settlement both of you can live with.
The participation agreement commits you both to
What you’re signing up for
- Staying out of court for the duration of the process
- Full, honest disclosure of finances and relevant information
- Bringing in third-party specialists when the situation calls for it
- Shielding children from the conflict between you
- Treating the process as cooperative, not adversarial
How it works
Four steps from decision to done
The process is structured — which is what makes it work. No surprises, no escalation. Just two sides working toward the same thing.
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Talk to a collaboratively trained lawyer
Your first conversation is about whether this process is right for your situation — no obligation. Your spouse does the same with their own lawyer. You each need your own.
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Sign the participation agreement
Both of you commit — in writing — to resolve things without court. This agreement is what gives the process its teeth. If either party later decides to litigate, the collaborative lawyers step aside and new counsel is retained.
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Meet together and work through the terms
Joint meetings include you, your spouse, both lawyers, and any specialists brought in to assist. Issues are discussed openly. Both lawyers are there to protect their client — and to keep things moving toward agreement, not escalation.
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Sign the settlement and file for divorce
When terms are agreed on, you sign a settlement agreement. If you’re married, the divorce application follows — typically granted in a matter of months once the one-year separation requirement is met.
Why this process
What makes it different from going to court
Better for children
Litigation encourages both parents to “win.” Collaborative divorce keeps the focus on what actually matters — stable arrangements for children made by the people who know them best, not a judge who doesn’t.
More control over the outcome
In court, a judge decides. In collaborative divorce, you do. Agreements that both parties helped build are more likely to hold — and more likely to reflect what your family actually needs.
Private by design
Court proceedings are public record. Collaborative divorce stays between the parties. The terms of your settlement, your finances, your parenting arrangements — none of it becomes part of a searchable public file.
Common questions
Things people ask before they commit
Do we both have to hire lawyers?
Yes — and that’s not a drawback. Each lawyer is there to represent their own client’s interests and to ensure the agreement reached is fair and legally sound. Having two lawyers at the table is what makes collaborative divorce different from mediation — and what makes the agreement enforceable.
What if one of us wants to go to court partway through?
Either party can withdraw from the collaborative process and proceed to litigation. If that happens, both collaborative lawyers step aside — neither can represent their client in court. This is the disqualification clause, and it’s intentional. It keeps the lawyers’ incentives aligned with reaching an agreement, not winning a courtroom fight.
Is collaborative divorce cheaper than going to court?
In most cases, yes — substantially. Litigation costs are driven by preparation, court time, and the length of dispute. Collaborative divorce eliminates court time entirely and is designed to reach resolution efficiently. The more issues that can be agreed on in meetings, the lower the cost for both parties.
How long does the collaborative process take?
It depends on the complexity of the issues and how quickly both parties are ready to meet. Simple separations with few contested issues can resolve in a few months. More complex situations — high-asset cases, disputes about parenting — take longer, but typically still faster than litigation. There’s no waiting for court dates.
Can we use the collaborative process even if things are tense?
Yes. Tension is normal and expected. The process is designed for it — trained lawyers manage the room, keep conversations focused, and bring in a family specialist when emotions need more careful handling. The participation agreement isn’t a promise that things will be easy; it’s a commitment that you’ll both keep trying to find agreement rather than escalating to court.
Curious about our approach to family law more broadly? Read our story and see how we do things differently.
Start the conversation
You don’t have to figure this out alone.
You don’t need to have a decision made before you call. We’ll listen to your situation, tell you whether collaborative divorce is likely to be a good fit, and be honest with you if it isn’t. Your next step may simply be a conversation.
Or share your story: admin@commonsenselawyer.com
SSaskatoon office, Mon–Fri 9–5. Evenings & weekends by appointment.