divorce basics what you should know about seperation and divorce what you should know about...
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Divorce BasicsDivorce Basics
What you should know about What you should know about seperation and divorce seperation and divorce
The Proceedings The Proceedings The various methods of becoming The various methods of becoming
singlesingle What should be consideredWhat should be considered
Divorce ProceduresDivorce Procedures
Legally valid reasons for divorce: Legally valid reasons for divorce:
No Fault No Fault
Marital OffenceMarital Offence
One year periodOne year period
Reconciliation implicationsReconciliation implications>90 days>90 days
Advantage of no faultAdvantage of no fault
Uncontested divorceUncontested divorce
Divorce ProceedingsDivorce Proceedings
Marital OffencesMarital Offences Marital offenseMarital offense
3 Types: 3 Types:
adulteryadultery
physical cruelty physical cruelty
mental crueltymental cruelty
Financial DisclosureFinancial Disclosure
Financial disclosureFinancial disclosure
Find possible errorsFind possible errors
Look at regular habitsLook at regular habits
Marriage/Cohabitation AgreementsMarriage/Cohabitation Agreements
Offers a method of opting out of Offers a method of opting out of Government ActsGovernment Acts
Able to do in contemplation of Able to do in contemplation of marriagemarriage
Traditional Separation/divorce ProcessTraditional Separation/divorce Process
Lawyers use the courts as a weaponLawyers use the courts as a weapon
Training to date has been adversarialTraining to date has been adversarial
RoadblocksRoadblocks
Adversarial approach causes deeper Adversarial approach causes deeper issuesissues
Battle lines get drawnBattle lines get drawn
Communication is on too many levelsCommunication is on too many levels
Clients become stuck on issues easilyClients become stuck on issues easily
Financial Scenario ReportsFinancial Scenario Reports
Identify tax consequencesIdentify tax consequences
Identify reality projecting forwardIdentify reality projecting forward
Inform of results due to positional Inform of results due to positional issuesissues
Alternatives to CourtAlternatives to Court
ArbitrationArbitration
MediationMediation
Collaborative DivorceCollaborative Divorce
MediationMediation Mediation Mediation
uses a neutral 3uses a neutral 3rdrd party party
but they not control the decision or but they not control the decision or counsel anyone –counsel anyone –
they act as a facilitator they act as a facilitator
Collaborative DivorceCollaborative Divorce
New method of dispute resolution New method of dispute resolution
using a team of expert professionals using a team of expert professionals
complete disclosure of all facts by all complete disclosure of all facts by all partiesparties
No court or the process ends for all No court or the process ends for all partiesparties
Collaborative LawCollaborative Law Lawyers specially trained in this facet of lawLawyers specially trained in this facet of law
work to find solutions that both their client work to find solutions that both their client and the spouse are satisfied withand the spouse are satisfied with
Legal advice & advocacyLegal advice & advocacy
Lawyers Work for clients but as a team & Lawyers Work for clients but as a team & facilitators not warriorsfacilitators not warriors
Collaborative PracticeCollaborative Practice
Involves a team of professionalsInvolves a team of professionals LawyersLawyers Financial Divorce SpecialistsFinancial Divorce Specialists Mental Health ProfessionalsMental Health Professionals + others – accountant, business + others – accountant, business
valuator,valuator,
child specialist, appraisers, etc.child specialist, appraisers, etc.
Collaborative PracticeCollaborative Practice Participation agreementParticipation agreement
All parties must sign onto the agreementAll parties must sign onto the agreement
Not able to work with clients after case Not able to work with clients after case
Financial Specialist – is the true neutralFinancial Specialist – is the true neutral
Usually meets with entire group (5 min.)Usually meets with entire group (5 min.)
Behaviour in CollaborationBehaviour in Collaboration
Parameters identified for proper Parameters identified for proper behaviourbehaviour
Must abide by rules to maintain Must abide by rules to maintain processprocess
Not even a threat of going to courtNot even a threat of going to court
IssuesIssues
High conflict clientsHigh conflict clients
Communication challengesCommunication challenges
Clients being stuck on a positionClients being stuck on a position
Financial Divorce SpecialistFinancial Divorce Specialist
Always represent both clientsAlways represent both clients
Truly neutral presentation of scenariosTruly neutral presentation of scenarios
Reality checkReality check
Educator of facts and scenariosEducator of facts and scenarios
Communicator of process, facts, etcCommunicator of process, facts, etc
Children in CollaborationChildren in Collaboration
Remain - main concern same as Remain - main concern same as traditionaltraditional
Ability to solve items via parenting plansAbility to solve items via parenting plans
Using the specialists give them a voiceUsing the specialists give them a voice
Better options for a respectful family unitBetter options for a respectful family unit