When family relationships break down, the impact can extend well beyond personal matters, putting the future of a family enterprise at risk. I recently spoke with Patricia Hebert, a collaborative family lawyer, mediator and child advocate, to explore how collaborative family law can protect business continuity, preserve family wealth and sustain long-term legacy during separation or divorce.
Patricia is a Barrister & Solicitor and Registered Mediator at Bruyer & Mackay in Edmonton and she joined me as a guest on Bennett Jones’ Beyond Succession podcast. These are some of the highlights of our discussion.
Collaborative family law offers a unique approach to resolving family separation outside the traditional adversarial system. Unlike litigation or standard mediation, parties sign an agreement committing to no court involvement. Instead, separating couples maintain control of their decisions while receiving guidance from collaborative lawyers and specialized experts as needed. This process centers on open, honest, joint decision-making as a team until all issues are resolved. The approach recognizes that family disputes differ fundamentally from civil or business conflicts and creates a framework for resolution that keeps families in charge rather than defaulting to judicial decisions when challenges arise.
The priority is on preserving business operations while managing separation. The process begins by identifying both parties' big-picture goals rather than simply applying legal formulas for division. This approach acknowledges the importance of employees, business continuity, and previously established family financial structures. While recognizing the emotional challenges and broken trust of separation, collaborative law seeks win-win solutions that minimize negative impacts on the enterprise.
Yes. Collaborative family law creates solutions for both separating couples and their businesses by ensuring parties make all decisions about their rights and responsibilities while considering broader business interests. Unlike courts, which typically default to selling assets and dividing proceeds, this process prioritizes creative solutions that preserve important business operations.
The approach enables divorcing couples to keep decision-making in their hands. The process maintains confidentiality of information, strategies, and financial disclosures—unlike public court proceedings. This confidentiality creates space for creative problem-solving that incorporates long-term wealth transfer concerns. By working with neutral experts and advisors, parties can develop solutions that honor business legacies rather than dismantling assets or liquidating investments prematurely.
Most people do not understand the rights and entitlements that automatically activate when cohabiting, having children, or marrying. Without specific agreements, assets accumulated during relationships become joint family property, with limited exceptions like gifts or inheritances. Prenuptial or postnuptial agreements can establish protections for specific assets that do not meet legal exemptions, preventing forced sales or divisions during relationship breakdowns.
Yes. When a prenuptial agreement is a family expectation, it makes the process easier by framing it as intentional, thoughtful planning rather than a sign of relationship distrust. This approach creates clarity and certainty while minimizing potential tax implications. Like having a will, prenups plan for possibilities that no one wants to consider but provide valuable protection if needed.
Collaborative family law acknowledges the challenge of rebuilding trust after the breakdown of a relationship, whether for ongoing financial connections or co-parenting relationships. The process relies heavily on neutral, jointly appointed experts trained in collaborative principles who support both parties simultaneously.
Unlike traditional adversarial approaches where competing experts are used, collaborative law employs single experts responsible to both parties. For example, a certified business evaluator might assess a company's value and suggest distribution strategies aligned with both parties' goals. Financial specialists help clarify complex income structures common in family enterprises, where straightforward income reporting is not always available.
These neutral experts participate in joint meetings, ensuring transparency about how values are determined and decisions reached.
The full Beyond Succession podcast on collaborative family law is available here. If you would like to discuss collaborative family law further, or any aspects of how family enterprise businesses can navigate the complexities of governance, succession and growth, please contact Leah Tolton.