Jane has expert knowledge of and experience in separation, divorce and relationship issues.
Going through a divorce or separation can be a difficult and confusing time for families. Choosing the process that works best for you and your spouse will ensure a smooth negotiation that sets your family up for a new future.
Collaborative Family Law
Collaborative Process clients appreciate the cost-effective and dignified settlement process that is radically different from what they may have expected. As a result, you can achieve a high degree of satisfaction in both the process and the outcome.
The objective of a Collaborative Practice is to reach a settlement from the outset.
A Collaborative Process relies on both a hands-on client participation as well as skillful coaching provided by both Collaborative Lawyers.
The parties sign a Participation Agreement which reflects both parties’ commitments to negotiate and communicate respectfully as well as an intention to provide full disclosure.
The result is a process that is respectful and a settlement that is mutually satisfactory.
Since the parties have signed an agreement to stay out of court, the process can flow within a safe-space, without the acrimonious conditions, which result from a court process.
Essentially, there is a full and expansive discussion about what really matters to each party, particularly their common goals, such as the welfare of the children.
Collaborative Practice is commonly regarded as a form of Alternative Dispute Resolution. However, since the Collaborative Practice has proven to be highly effective throughout North America, as well as Europe and other parts of the world, it is fast becoming more mainstream in Canada and widely recommended as a smart resolution process. Some well-known celebrities who have relied on this process include Gywneth Paltrow, Madonna and Cameron Crowe.
The bottom line: Clients achieve a high degree of satisfaction in the Collaborative Process and the outcome.
Common issues related to property, spousal and child support as well as custody, are considered corollary to divorce and are usually resolved before a divorce is granted.
The only ground for divorce is marriage breakdown. If parties are separated and living apart for one year, this is sufficient evidence to show a marriage breakdown has taken place.
A divorce proceeding can be initiated any time after separation, but a divorce will not be granted by the court until one year after the date of separation.
The only exceptions are:
- if there was adultery and not more than 90 days have lapsed since it was discovered; or
- if there has been physical or mental cruelty.