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