March 22, 2011 § Leave a Comment
Separation and divorce are difficult for all parties involved and if you are thinking of initiating that discussion, it can be even more stressful. Chances are if you have reached this point, communications are already strained and your partner may not be open to such a discussion.
The best approach is an informed approach. Research your options. Consult with professionals such as a family lawyer first. Many family law lawyers operate traditional practices where you go to the office, pay for a consultation and retain their services. As an economical alternative, consider seeking advice from a firm that offers lawyer assisted divorce coaching to develop a plan that will protect your interests and approach the subject with your partner in a non-threatening manner.
Just because you are considering a separation or divorce, you don’t have to retain a lawyer that is eager to pursue legal action. Often the only people that benefit from legal aggression are the lawyers. Firms that offer divorce coaching can answer your questions and advise you on how you can navigate this very difficult process without retaining a traditional lawyer. They will also be ready to represent you if the issues cannot be resolved without using the court.
With the right advice, you will be more prepared to approach your spouse with more confidence and have strategies to focus on reaching an amicable agreement. The result could be a mutually beneficial separation or uncontested divorce agreement that saves you, your spouse, your children and your wallet the destruction that accompanies a nasty divorce.
If a resolution cannot be met, you have done your research and you have established a relationship with strong legal counsel that can protect your interests.
March 17, 2011 § Leave a Comment
If you are thinking of getting married, you may or may not have started to think about a pre-nuptial agreement. Whether you currently have something to protect or not, a pre-nuptial agreement is always a good idea.
A pre-nuptial agreement enables couples to enter a marriage with a clear understanding of the expectations during the marriage and in the event the marriage ends. It protects both spouses and should be developed together.
Inviting your spouse to participate in the development of an agreement will help them understand your position and you theirs. Consider a situation where one or both spouses have children from past unions who want to protect assets for their children, or a business owner who has responsibilities to employees and investors.
A pre-nuptial agreement can protect those interests. In the long run, if the union ends, you can avoid ill will and emotional disputes over property because your prenuptial agreement will have set out how those matters will be divided.
You should consult a lawyer to make sure that you address all the issues that need to be included in your agreement. You can also use internet services where you can ask a family law lawyer a legal question online. You can also create your pre-nuptial agreement online or with the assistance of a family law lawyer. If you create your pre-nuptial agreement online, make sure you each get independent legal advice before you sign it.
March 7, 2011 § Leave a Comment
If you have already separated from your spouse and have started consulting divorce lawyers, you have likely realized that you are about to embark on a long and expensive process.
Sometimes couples do not separate under the best terms and when emotions get involved it can lead to rash and expensive decisions. If you are in this situation, take a step back and consider the impact of your decisions on your health, children and wallet.
In Ontario two most publicized forms of a Alternative Dispute Resolution have been Mediation and Arbitration.
Mediation is a voluntary private process where couples retain the services of an impartial third party “mediator” to help them reach a settlement. A mediated settlement is binding and is usually reflected in a Separation Agreement.
Arbitration also involves an impartial third party however he or she is retained to conduct a Hearing and make a binding decision which is then reflected in a Written Decision.
In recent years the concept of collaborative law has emerged to encourage individuals to resolve issues without going to court. There are many ways that you can work through the divorce process with your spouse to avoid unnecessary stress. The cleanest, easiest and often most cost-effective way to deal with your divorce is to look for ways that you can agree on the issues with your spouse, starting with areas that you already agree on.
If you can’t agree, before going to Court, your best course of action to save some money may be to consider another option; lawyer assisted coaching. This is where a divorce lawyer coaches you through the process while you self-represent. This could be the difference between you spending every dime you have on legal fees or you ending up with most of your assets intact.
Hiring a legal coach will enable you to establish a relationship of trust with someone who could step in and defend If you have already separated from your spouse and have started consulting divorce lawyers, you have likely realized that you are about to embark on a long and expensive process.
Once you reach an agreement with your former spouse, you can create your divorce forms online and then your legal coach can assist you with getting them finalized.
No matter which approach you choose it pays to put your emotions on the shelf and start thinking about how you can make the smartest choices, for more information visit http://www.bermanbarristers.com or http://www.myontariodivorce.com.