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Jacqueline MacLellan
Born and raised in Bermuda, Jacqueline obtained a BA at Queen's University in Ontario, and a law degree at the University of Western Ontario, Canada. Jacqueline was called to the Ontario Bar in 1991 and practiced family law in Toronto, Ontario for approximately 5 years before returning to Bermuda to live in 1996 where she was called to the Bar in November 1996. In March 2003, Jacqueline opened up the firm of MacLellan & Associates, practicing primarily family law.
Jacqueline was taken with the idea of assisting families in finding alternate solutions to hostile, financially draining divorces and became a trained mediator having since worked with the Bermuda Human Rights Commission and the Department of Human Affairs as a mediator. From there Jacqueline trained to become a certified Collaborative Law practitioner and is now the Chair of the Collaborative Law Alliance of Bermuda. Jacqueline also trains other attorneys to use the collaborative method. She is a member of the International Academy of Collaborative Professionals. Other volunteer pursuits include being a Chair of The Committee of 25, working at the Bargain Box and is a past Director of The Bermuda Amateur Swimming Association, member of the Legal Aid Committee and the Bermuda Psychologists Association Board.
Jacqueline is dedicated to assisting clients with finding an amicable and respectful resolution to their differences, and is currently only providing legal services to families who are interested in resolving their differences using The Collaborate Law Process.
Key Services Offered by MacLellan & Associates
In the Collaborative Law process, both parties and their lawyers sign a "Participation Agreement" committing to resolve disputes without going to court. Unlike traditional litigation, which is often adversarial, the focus here is on open communication, mutual respect, and finding "win-win" solutions that benefit the entire family.
Generally, yes. Because you and your partner set the schedule for meetings rather than waiting for available court dates, the process can move as quickly as you are able to reach agreements. This efficiency often leads to a faster resolution and lower legal costs.
If the process breaks down and either party decides to go to court, the Participation Agreement requires that both collaborative lawyers must withdraw. Both parties would then need to hire new litigation attorneys. This creates a strong incentive for everyone to stay at the table and work in good faith.
Yes. As of March 2023, Bermuda introduced "no-fault" divorce provisions. You no longer need to prove adultery or "unreasonable conduct." Instead, you simply provide a statement that the marriage has irretrievably broken down.
The court (and the collaborative process) looks for a "fair" distribution. This involves considering the financial resources of both parties, their future needs, the standard of living during the marriage, and the welfare of any children. Generally, there is an initial presumption of an equal share of assets built during the marriage.
While not 100% binding, Bermuda courts increasingly uphold prenuptial agreements provided they were entered into voluntarily, both parties had independent legal advice, and the terms are considered fair at the time of the divorce.
Absolutely. In fact, the Collaborative process is often better for high-conflict custody cases because it prioritizes the children's needs and uses specialized communication techniques to help parents co-parent effectively for the future.
A mediator is a neutral third party who helps you communicate but cannot give legal advice. In a Collaborative Law setting, Jacqueline MacLellan acts as your legal advocate within the four-way meetings, providing expert legal advice while still maintaining a commitment to an amicable settlement.
Not necessarily. You can apply for a divorce in Bermuda if you are domiciled here or if you have been resident on the island for at least 12 months, regardless of your nationality, provided you have been married for at least three years.
