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Wednesday’s Video Clip: 10 Tips About Collaborative Practice Agreements

video thumbnail of lawyer talking with his hands in boardroom

Wednesday’s Video Clip: 10 Tips About Collaborative Practice Agreements 

1. How does collaborative practice work? 5-Step Roadmap:

STEP ONE: Establish a Foundation

STEP TWO: Gather and Exchange Information

STEP THREE: Identify Choices and Options

STEP FOUR: Evaluate the Consequence

STEP FIVE: Come to a Decision and Implement an Agreement

infographic of the collaborative process as a roadmap

2. The process is voluntary as set out in the cp agreement. Parties are expected to engage in the spirit of compromise.

3. We focus on goals and interests.That is specifically set out in the collaborative practice agreement.

4. Both lawyers and their clients agree not to take advantage of each other’s mistakes. So if a mistake is made the lawyer is expected to identify it to the other party.

5. Neither lawyer will go to court should the process fail. If the process fails, the parties must retain new lawyers to take the matter to court.

6. The lawyers still function and give legal advice. They have the responsibility to diligently represent their clients.

7. Lawyers may engage other professionals. For example, we may bring in a Neutral Family Professional or Neutral Financial Professional to assist and join the Collaborative Team.

infographic to show the full collaborative family law team members

8. Both parties are expected to make full and timely disclosure by providing all information both parties need to make an informed decision.

9. All communication within the collaborative process is considered confidential. The expectation is that information gathered through cp isn’t going to be used later in a court setting.

10. If an agreement is put in place, signed by parties and their lawyers, that agreement will be enforceable and can be later used in court if necessary. You are expected to live by the agreements that you sign in the collaborative process.


At Russell Alexander Collaborative Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: Is looking at their financial documents spying?

Wednesday’s Video Clip: Is looking at their financial documents spying?

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: Finding a Lawyer

Wednesday’s Video Clip: Finding a Lawyer

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: How Long Does Child Support Continue in Ontario

Wednesday’s Video Clip: How Long Does Child Support Continue in Ontario

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: Enforceable Marriage Contracts

 

What makes a marriage contract enforceable?

• Ensure the contract is in accordance with the prevailing law,

• Financial disclosure from both parties,

• Disclosure of all assets,

• Disclosure of all debts,

• The contract should be a product of full and fair negotiation.

 

Answer provided by family lawyer, Lori Dubin.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: 10 Tips About Collaborative Practice Agreements

Wednesday’s Video Clip: 10 Tips About Collaborative Practice Agreements

 

Top 5 Questions about Adultery and Divorce in Ontario

Top 5 Questions about Adultery and Divorce in Ontario

It seems that celebrity gossip tabloids will never have a shortage of topics to cover, as long as there are stories about extramarital affairs by successful, high-profile celebrities. Recently, Amazon CEO Jeff Bezos admitted to cheating on his wife, MacKenzie, and in the past it has been alleged that Arnold Schwarzenegger fathered a child with the housekeeper employed in the home he shared with his wife of 25 years.

Leaving aside the intriguing question of how adultery affects couples psychologically and emotionally, the legal effect of adultery is quite clear.

In Ontario (as elsewhere in Canada), the laws relating to divorce based on adultery are governed by the federal Divorce Act, which provides that a “breakdown of a marriage is established only if the spouses have lived separate and apart for at least one year or the spouse against whom the divorce proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty.” (Note that it must be the other party who commits the act: a spouse cannot apply for a divorce based on his or her own adultery).

Adultery and Affairs: Understanding the Basis for Divorce in Ontario

Adultery is one of the established grounds for divorce in Canada. Questions often arise as to whether the duration, extent or nature of the adultery matters when it comes to the right to obtain a divorce. Here are some common questions answered in this regard:

1) Does it matter how long the affair was going on?

No. Provided that it can be proven that adultery has been committed by one of the spouses, the other spouse can ask for a divorce. However, the adultery must have occurred before the petition for divorce is brought.

Top Five Points about Adultery That You Probably Didn’t Know

Does Wife Get Unequal Share Due to Husband’s Extra-Marital Affairs?

Fake Outbursts, Adultery “Fines”, and “Bloody Minded” Calls for Jail Time – All in a Day’s Work for the Family Court

2) What if the extramarital sex occurred only a single time? What if the spouse is remorseful?

A single act of adultery is a sufficient basis on which to bring a divorce action. And as long as the adultery was committed by one of the spouses, the other spouse has legal grounds under the Divorce Act to proceed with a petition. Whether or not the spouse actually wants to do so will be a personal decision.

[You can learn more about our firm here]

Gambling, Drinking and Affairs – Should Spouses Have to Account for their Misdeeds?

In a Failed Romance, Can You Sue for Negligence?

Can You Sue Your Ex’s Affair Partner for Damages?

Were Negotiations Contingent on the Husband Ending His Affair?

3) Do you need clear proof of an affair? Is it enough to suspect that something is going on?

In order to prove adultery, there is no prerequisite that the other spouse gets “caught in the act,” or that there be photos or other physical evidence of the affair. Instead a court must be satisfied on a “preponderance” of credible evidence that adultery has taken place. (For example see Nelles v. Nelles).

This can take place by inference, i.e. where the facts and circumstances lead to the reasonable conclusion that adultery has indeed taken place. However, a mere suspicion of adultery is not enough, nor is evidence that the other spouse had the opportunity to cheat (see Doucette v. Doucette). Also, there is no requirement that the party with whom the adultery is taking place must be named or identified.

 

Finally, it is the spouse who wants to bring the divorce action who must bring forward the convincing evidence that adultery actually took place. There is nothing unusual about the type of evidence required; however, the evidence will be considered sufficient if the adulterous spouse admits to the affair (see for example d’Entremont v. d’Entremont), or if the third party with whom the spouse is having the affair gives evidence attesting to the fact (see Vickers v. Vickers).

My spouse committed adultery. Does this make it easier to get a divorce?

Is a Marriage Contract Invalid if Signed During an Affair with Someone Else?

l of Commitment? Or Was He Buying an Interest in Her Home?

Can I use evidence of my spouse “sexting” in court?

4) What if the husband had an affair with another man? Or the wife cheats with another woman? Does that count?

Yes. Historically, Canada’s Divorce Act defined adultery along the same lines as the former definition of “spouses”, which involved only people of the opposite sex. Adultery was similarly defined by the courts as consisting of voluntary sex outside of marriage, between a spouse and someone of the opposite gender.

However, both the definition of “spouse” and the concept of adultery has been expanded by the courts to encompass same-sex relationships. In a 2005 case called P. (S.E.) v. P. (D.D.) a B.C. woman was granted a divorce after it was shown that the husband had committed adultery by having an affair with another man.

Top Five Points about Adultery That You Probably Didn’t Know

Wife’s Accusations about Husband’s Infidelities “A Waste of Time”

5) What about cheating over the Internet?

In order to qualify as “adultery”, there must be an actual, physical sexual relationship between one of the spouses and a third party to the marriage. Phone sex and other forms of sexually-charged activity – if conducted “from a distance”, so to speak – do not generally qualify as “adultery” as that term is used in the Divorce Act.

Thinking of Doing Some Cyper-Sleuthing? Think Again

Although these cases are often interesting and quite sad, for most family law practioners in Ontario these circumstances do not form the basis for their clients’ divorce claims.  The Court does not want spouses to focus on fault and blame but rather resolution.  For the most part, blame does not improve or diminish one’s property rights or entitlement to share family property in Ontario.  And the practical reality is that an Application for divorce based on cruelty or adultery may take a few years before the matter is finally determined if a full hearing is required.  If this is the case then the party seeking the divorce could also likely rely on the fact that s/he has lived separate and apart for one year and use this as the basis for the divorce claim.

For the full-text of the decisions, see:

(S.E.)v. P. (D.D.),2005 CarswellBC 2137, 2005 BCSC 1290 (B.C. S.C.)

Nelles v. Nelles (1971), 2 R.F.L. 153 (Ont. H.C.)

Doucette v. Doucette (1986), 73 N.B.R. (2d) 407 (Q.B.)

d’Entremont v. d’Entremont (1992), 44 R.F.L. (3d) 224 (C.A.)

Vickers v. Vickers (1976), 24 R.F.L. 303 (B.C. S.C.)

 

At Russell Alexander, family lawyers our lawyers can provide customized advice in connection with the dissolution of a marriage based on adultery, and with a large array of other family law questions. For more information, feel free to visit us at Russellalexander.com.

 

Wednesday’s Video Clip: Litigation vs Collaborative Practice

Wednesday’s Video Clip: Litigation vs Collaborative Practice

What is the difference between a litigation file and a collaborative practice file?

Usually the clients find the result much more satisfactory from a cp file, as appose to having a result imposed upon them by the court in a litigation file.

What is litigation?

Litigation is a typical traditional court file. There are two lawyers involved. The parties usually take an adversarial position that involves positional bargaining. This usually involves a contested court proceeding. This results in a negotiated agreement.

What if the parties of a litigation file cannot come to an agreement?

If the parties cannot come to an agreement, the court imposes a result on both parties.

What is collaborative practice?

In a collaborative practice file, we focus on goals and interests of both parties. Again, both parties have lawyers. It is considered a respectful and peaceful process where communication should be appropriate at all times. The parties will have communication guidelines.

A collaborative practice file is likely to involve a full team. This often includes a neutral family professional and a neutral financial professional. Other professionals can also join the team as needed including business valuators and/or corporate or tax specialists.

Not only do the parties agree not to go to court, but the lawyers must agree that they’re not going to go to court; They also agree not to take advantage of each other’s mistakes.

An important part in the collaborative process is that there will be full and complete disclosure. Fairness is subjective. The goal is to come up with an acceptable result for both parties that satisfies goals and interests.

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