Services
Jane offers a 30-minute consultation without charge.
During the consultation, Jane will speak to you about all family law related issues you are facing so that an explanation about appropriate process choices can be provided. She will also answer all questions you may have at this point.
After the consultation, Jane will make sure that you make important, immediate or temporary decisions wisely. Jane can also provide anticipated costs and timeframes, if appropriate, as well as a clear framework about the next steps.
Jane can represent you as your Collaborative Counsel and make all necessary arrangements for a successful collaborative settlement.
In a collaborative divorce (or separation between two common-law spouses), two Collaborative Lawyers, accredited as collaborative practitioners, represent spouses of both parties.
First step Both parties sign a Participation Agreement. This is a document that reflects everyone’s commitment to negotiate and communicate respectfully without going to court. It also ensures that there is a full and transparent disclosure of important information.
An important aspect of a Participation Agreement is that if one party decides to terminate process, the collaborative counsel of that party can no longer represent them. This ‘disqualification clause’ keeps everyone fully committed to the success of the process.
Everyone’s common objective is to find mutually satisfying solutions for both parties and to reach a negotiated Agreement.
Second Step The parties may jointly retain other professionals who are also trained in the Collaborative Process, a Financial Expert and a Family Professional (trained in social work or family therapy). They act as neutral experts and benefit both parties. They provide information, support and cost savings in the end, since their fees are split by the parties.
Third Step Meetings are set up in order to discuss the issues and to negotiate the terms of a settlement. Both lawyers and neutral professionals are actively engaged in providing legal information, practical solutions and facilitating an effective and balanced interest-based negotiation process.
The Collaborative Process ensures that an amicable, confidential negotiation process is followed.
The Collaborative process can be as short as 6 to 9 months and have a high rate (98%) of success.
This is a process where children’s needs and the parties’ welfare are firmly at the center.
The Collaborative Process allows the clients to be in control rather than having the courts dictate.
Jane can act as your Mediator and help you and your spouse reach an agreement that feels fair for both of you.
In a mediation setting, two parties jointly retain a Mediator who facilitates the negotiation process between parties.
The Mediator is a lawyer or an expert in a particular field such as social worker or a financial professional.
The role of the Mediator is to help the parties engage in a discussion about important issues and canvass information that might help the parties generate settlement options.
The parties may attend mediation with or without lawyers, although it may be advisable to have lawyers present.
The Mediator may give legal information but does not provide legal opinions.
After a mediation, the parties must consult family lawyers to obtain independent legal advice separately.
An expert in negotiation, Jane can represent you and advocate strongly for you.
In a traditional negotiation, each party’s lawyer negotiates on behalf of their client without the presence of the parties.
Experts may be retained by one or both parties, if necessary.
The lawyers may arrange a settlement meeting, mediation and either party may choose litigation or arbitration if negotiations are not successful.
Cohabitation Agreements and Marriage Contracts (also called a Prenup)
Jane can help you sort out the terms of your Cohabitation Agreement or Marriage Contract to protect your legal entitlements and your personal interests.
In planning for a marriage or a cohabitation, the parties may set out clear terms and designate a process for dividing property and/or for providing support in a Cohabitation Agreement or a Marriage Contract. The terms you negotiate now would govern in the event of a death or a separation.
Particularly in the case of cohabitation, it is important to have a clear understanding of the law, since there is a lack of clarity regarding property division if two cohabitating spouses choose to separate.
In marriages where there are considerable business and personal assets involved, a Marriage Contract will be in the best interest of both parties. It is particularly important for second marriages.
A Collaborative process with an emphasis on an interest-based, cordial negotiation may be an ideal means of negotiating a Cohabitation Agreement or a Marriage Contract.
Jane can provide you with expert Independent Legal Advice.
Independent legal advice is the advice that each person (involved in a legal matter) obtains from their own lawyer.
Lawyers can only provide advice to one of the people involved in the agreement.
You and your spouse both need your own lawyer to review your agreement before you sign it.
It’s a good idea to get independent legal advice if:
- you and your spouse wrote an agreement together and you want a lawyer to look at it before you sign it;
- you and your spouse went to mediation without lawyers, and
- the mediator wrote an agreement for you, or
- you wrote your own agreement after the mediation;
- only one of you has a lawyer; or
- your spouse has a lawyer and that lawyer wrote an agreement for you.
Jane can provide you with expert Legal Opinions.
The main purpose of a legal opinion is to address the legal effect of a transaction or a matter. A legal opinion also identifies legal risks that you should consider further and evaluate. For example, you may require a legal opinion on your property, support entitlement or an opinion letter with respect to a foreign divorce.
If a negotiated agreement is not feasible, Jane can represent you in a court proceeding.
If you choose to litigate must follow court-mandated procedures, such as filing documents with strict deadlines, and following the prescribed rules.
It is difficult to estimate how much time and how costly a litigation process is. It usually takes a much shorter time to reach an out-of-court settlement.
All Court proceedings are public.
The decisions of a judge are final, subject to right of appeal.
If a negotiated agreement is not feasible, Jane can represent you in an Arbitration process.
Arbitration is a private process (as opposed to a public court process) and the Arbitrator makes the final decision, similar as a judge would in a courtroom but in a private setting. The Arbitrator may be an experienced lawyer.
Different aspects of the process can be selected by the participants, such as when it is held and who will attend as well as the level of formality of the process.
An Arbitration is usually a faster process than the court process.
An Arbitrator’s fees are paid by the parties but the costs may be assessed by the court.
An Arbitrator’s decisions regarding the legal rights and entitlements of the parties are legally binding, subject to a right of appeal.