How Collaborative Divorce Works in Alberta

By Renn Spence

March 20, 2025

The Challenges of Divorce

The end of a relationship typically brings many new challenges while adding another layer of stress to your life. Separation and divorce involve making many different decisions, some more difficult than others and some that you may not be able to anticipate.

Make no mistake, the end of a relationship can be traumatic. It can also be an expensive prospect if you are involved in a contentious legal battle. Emotions can run high, and some may feel betrayed and angry, seeking to punish their former partner. The fallout could be a lengthy court battle. But is weaponizing your divorce really in your best interest?

The choices you make today could have a long-lasting impact on your future. There are times when litigating your divorce in front of a family court judge is the only path available to resolve your issues. However, it is important to keep in mind that a trial can not only be expensive but time-consuming. And you risk losing more than you anticipated by putting important decisions in the hands of a judge who may not see things in the same light as you.

What Are Your Divorce Options in Alberta?

There are different options available when you are going through a divorce:

• Litigation

• Mediation

• Arbitration

• Collaborative family law

Each option has its own advantages and drawbacks, which is why it makes sense to speak to the experienced collaborative lawyers at Cambria LLP to determine the best approach for your situation.

Understanding the Law in Edmonton

The collaborative divorce approach can be extremely effective. It allows couples to create a tailored settlement that makes sense for all involved. This out-of-court process is voluntary and is suited to those who want to maintain greater control over decisions that will shape their lives moving forward.

Federal and Provincial Divorce Laws

Divorce in Canada is governed by the Divorce Act, which applies when a married couple seeks a divorce or has already divorced in Canada.

“In addition to setting out conditions for getting a divorce, it addresses issues such as child support, spousal support and parenting arrangements for children in divorce cases,” according to the Department of Justice (DoJ). “Provincial or territorial laws may also apply to some issues, such as the division of marital property.”

“Provincial or territorial laws apply to married couples who separate but do not apply for a divorce, and to unmarried couples who separate,” the DoJ adds.

While these laws are somewhat uniform across Canada, Alberta has some unique legal procedures that must be followed.

Mandatory Pre-Court Requirements in Alberta

In 2023, Alberta’s Court of King’s Bench introduced four mandatory pre-court requirements in Edmonton, Calgary, and Red Deer as part of the Alberta Justice Family Justice Strategy.

Before starting any family law action, you must complete the following:

1. Parenting After Separation Course (PAS) – An online course (if applicable).

2. Family Court Counsellor Meeting (FCC) – Required for self-represented parties with dependent children.

3. Financial Disclosure – Complete and submit financial documents.

4. Alternative Dispute Resolution (ADR) Process – Participate in an ADR session before court proceedings.

These steps encourage out-of-court resolutions and can help streamline family law matters.

Why Choose Collaborative Divorce Over Litigation?

How you end your relationship is a personal choice. Some couples have already worked out most of their issues and are close to an agreement. Others struggle to find common ground. In either case, choosing negotiation over litigation offers several advantages:

• Reduces stress – Litigation can be emotionally draining.

• Saves time – Court cases can take months or years to resolve.

• Cost-effective – A lengthy legal battle can be financially exhausting.

• Maintain privacy – Collaborative divorce is private, while litigation can be a matter of public record.

How Collaborative Family Law Works in Alberta

Key Principles of Collaborative Divorce

Collaborative family law is a fairly new Alternative Dispute Resolution (ADR) method developed in the early 1990s. It has gained popularity in Canada and is now widely practiced.

A Government of Canada report states that this method is “one of the most significant developments in the provision of legal services” in recent history.

For the process to work, both parties must agree to the following principles:

• Respectful communication – Both sides commit to open and honest discussions.

• No court involvement – Neither party will initiate or threaten litigation.

• Full financial disclosure – All relevant financial information must be shared.

• Focus on mutual interests – The goal is to find solutions that work for both parties.

How the Collaborative Process Begins

The process starts when both sides select collaborative family lawyers to represent them. Your lawyer will discuss all available options, including ADR, and if you choose collaborative divorce, both parties must sign a participation agreement.

Meetings will follow, involving both lawyers and clients, to discuss key issues, such as:

• Child decision-making and parenting time

• Child and spousal support

• Property division

• Future dispute resolution mechanisms

The Role of Other Professionals

A team of professionals may be involved in the collaborative process, including:

• Divorce coaches – Help manage emotional aspects.

• Financial specialists – Assist with asset valuation and budgeting.

• Mental health professionals – Provide guidance on co-parenting and emotional well-being.

• Child specialists – Focus on children's best interests.

The ultimate goal is to solve problems collaboratively rather than assign blame.

What Happens if an Agreement Is Not Reached?

Unlike mediation, where your lawyer can continue representing you if an agreement is not reached, in a collaborative divorce, both lawyers must withdraw from the case if the process fails. You would need to retain new legal representation if you decide to go to court.

We Are Here to Help

The end of a relationship doesn’t need to be adversarial. Collaborative family law prioritizes open communication and mutual respect, offering a more dignified way to move forward. It can help save time and money while reducing stress for both parties.

The experienced family law team at Cambria LLP can provide legal support in all aspects of divorce and separation.