
Family Law is about two things: resolving conflict & planning for the future. It is important to have an understanding of the issues affecting you, such as: guardianship, parenting time, division of family property, debts, child, & spousal support. It is also important to have a clear understanding of the options you have for process.
At LawVolution we use the courts as a last resort. The court system is inherently adversarial, and often lends to “mudslinging” which causes further damage. Let us keep you, your children, & your finances away from the high costs of court.
Although we know a lot about family Law, we recognize that it is you that is the true expert of your own life. We believe that the best Legal work is done when we, as your Legal guides are connected directly to you, & your concerns as we co-create your Legal matter together.
At LawVolution we have taken highly specialized dispute resolution training. This training goes way beyond the skillset acquired in Law school. This specialized alternative dispute resolution training (ADR) is focused on making Lawyers highly skilled negotiators, mediators, & focused upon a resolution of your matter based on your interests.
Your family Law matter does not have to be complicated, expensive, or overwhelming. You are entitled to have a clear understanding of your rights, your obligations and the Legal process itself. Whether you proceed with mediation, a four-way meeting, collaborative Law, or mediation/arbitration, there are unique steps that need to be taken in each process. We will take the time to carefully assess your unique situation, explain to you the benefits and limitations of each process and decide upon an action plan that will get you to the final resolution & outcome that you need.
DIVORCE
In British Columbia, a divorce can be obtained once you & your spouse have been separated for one year. A divorce can be obtained sooner if one person has committed adultery or there has been any mental or physical abuse. It takes three to four months to complete the divorce after the year has expired. Usually, couples will set out their financial obligations & the division of their assets in a separation agreement prior to obtaining a divorce & the divorce is obtained simply to dissolve the marriage.
SEPARATION AGREEMENTS
A separation agreement is a contract which you sign after deciding to separate & it sets out who gets which assets, who will be caring for your children & any child or spousal maintenance responsibilities.
COHABITATION & MARRIAGE AGREEMENTS
In addition to advising clients on separation & divorce, we also support clients who are in the early stages of a relationship by creating agreements to deal with issues relating to money, property or debt that could arise should that relationship someday break down. If you decide to enter into a Cohabitation or Marriage Agreement with your partner, we will educate you on all possible outcomes & work with you to create an agreement that protects your interests & reflects your commitments & intentions. While the process of creating a Cohabitation or Marriage Agreement can be uncomfortable, making decisions now about your financial obligations to each other & how you will divide your property/debt if your relationship ends creates financial certainty & reduces future stress. While anyone seeking financial certainty will benefit from creating a Cohabitation or Marriage Agreement, these agreements can be particularly important for clients who are embarking on a second (or third) marriage, entering a relationship later in life, or who have significantly more assets than their partner. We invite you to contact us to explore whether a Cohabitation or Marriage Agreement is right for you.
COLLABORATIVE FAMILY LAW
Collaborative Law is a vital part of family Law & consists of a process where you & your spouse agree to work together in a collaborative effort to resolve your issues. This process is very similar to mediation, but has the added benefit that each party commits to the process by signing the participation agreement. The participation agreement requires the parties to communicate respectfully & share all information with each other & it states that if the parties are not able to resolve their issues, they will retain different lawyers to commence a court action on their behalf.
I encourage participation in a cooperative process, whether it be through collaborative Law or mediation & I would discuss with you whether or not it is in your best interests to enter into the collaborative Law process.
For more information regarding Collaborative Law, please visits the Collaborative Family Law (CFL) website at: www.collaborativefamilylawgroup.com.