How You Can Save Money with Collaborative Divorce

Posted on by BreezeMaxWeb

Ending a relationship can be a rather emotional and tough decision. After all, no one chooses to separate or divorce unless the relationship has become unbearable. Some separating couples are able simply come to terms, “shake hands”, and walk away; most cannot. If you do not have children or property, the process is much easier. However, when there are kids and assets/debts involved, generally the process gets more complicated. Then there are some cases, where the parties have high conflict and can’t agree on parenting time, division or assets/debts etc. Just because your issues are complicated or you have high conflict, does not mean you spend your life-savings in litigation.

A growing number of separating couples these days use Collaborative Divorce. In Collaborative Divorce, each party would have their own highly trained certified Collaborative lawyer to represent them. Both parties and their Collaborative lawyers sign a participation agreement giving their commitment not to go to court. The parties and their Collaboratively trained lawyers attend 4-Way meeting (2 parties and 2 lawyers) and try to resolve all outstanding issues between the parties. Most separating parties go through more than one of these meetings.

The main focus during these meetings is to have interest-based negotiations rather than positional negotiation. The parties and their Collaborative lawyers, during these meetings, can also determine whether they need any parenting counsellors for their children, divorce coaches for themselves, financial experts, etc. Any decisions are done by joint agreement of both parties. 96% of the couples choosing the Collaborative process, successfully end the process with a fully signed separation agreement in place.

Collaborative Divorce eases the emotional and financial challenges during a separation. Typically, Collaborative Divorce helps you save tens of thousands of dollars compared to litigation. If you choose the Collaborative process, your lawyer will not have to appear in multiple court appearances, prepare and review documents and evidence for court hearings and simply wait in court for your matter to be heard. Moreover, you can eliminate the emotional trauma of participating in conflicts, which is a huge part of any litigation proceeding. Divorce Coaches, in a Collaborative Divorce can help you to manage the conflict properly, which can otherwise bog you down for months or years at the expense of your relationships, employment, mental health, finances, etc.

Whether your separation or divorce costs you your life-savings depends on whether you have a Collaborative Divorce or not. If you are going through separation or divorce and need more information on Collaborative Divorce or need a Collaborative Divorce lawyer, contact Rahul Aggarwal at Clean Divorce in Vancouver for a FREE 20-minute initial consultation.

 

 

List of Initial Divorce To-Dos

Posted on by BreezeMaxWeb

Separation or Divorce is complicated. It can affect you in legally, financially and emotionally. Dividing property that a couple has acquired throughout their marriage can be one of the most contentious parts of a divorce or separation. Your divorce lawyer can help ease some of your financial and legal stresses by advocating for your interests.

Lawyers would often need a number of documents from you so they could provide you proper legal advice. It would save you time and legal fees if you are able to gather some documents mentioned below before meeting with your divorce lawyer. Being organized will not only save you money, it will also give your family lawyer a useful overview of the assets or debts likely at issue. The more information you give your lawyer, the better they can protect your needs and interests.

The following is a list of documents you should gather before meeting with divorce lawyer; however, given your circumstances your divorce lawyer may require additional documents:

Checklist of Documents to Gather for Your Divorce Lawyer

  • Income Tax Returns for the past three years. Sometimes these are also referred to as T1 General(s)
  • Notices of Assessment for the past three years
  • Business Income Tax Returns for the past three years. Sometimes these are also referred to as T2 General(s)
  • Proof of your current income (latest pay stub)
  • Proof of your spouse’s current income, if available
  • Latest bank statements for all your (and your spouse’s, if available) accounts
  • Latest statements for your (and your spouse’s, if available) mortgage account, credit cards and any other loans
  • Your (and your spouse’s, if available) pension statement(s)
  • RRSP, TFSA, or other Stock account statements
  • Property Assessment statements from the City
  • Monthly budget worksheet, if any
  • Life insurance policy(ies) statement(s)
  • Health insurance policy statement(s)
  • Personal property appraisals, if available
  • Real property appraisals, if available

 

If applicable

 

  • Prenuptial or cohabitation/marriage agreement that might have been signed during or before the relation
  • Documents regarding Family Trusts
  • List and proof of property owned by either party before cohabitation
  • List of property acquired by each spouse individually by gift or inheritance during the relationship
  • List of contents inside safety deposit boxes
  • Living Wills
  • Advance Health Care Directives

 

Every situation is different. Couples enter and leave relationships due to different circumstances and with different assets/debts. To ensure no assets or debts are overlooked, you should always have an open and frank discussion with your family lawyer regarding all of the assets and debts you and your spouse own.

Starting the Separation or Divorce Process

You may feel overwhelmed by all of the steps required if you are just beginning the divorce process. If you have children, the process can also be much more emotionally challenging. If you feel overwhelmed by your situation, rest assured, you are not alone and what you are experiencing is normal. Your family lawyer can guide you step by step on how to proceed in order to protect yourself, your child(ren) and maintain the sensitive family relationships.

 

If you or your loved one is going through separation or divorce, contact Rahul Aggarwal at Clean Divorce in Vancouver for a FREE 20-minute initial consultation.

Divorce With Minimal Stress – Choose Mediation

Posted on by rahul

When people decide that they are going to get divorced, some just want to get it over with as fast as possible, and others are more motivated to save as much money as possible. Some couples can barely stand to be in the same room as each other, and others are able to remain friendly.  Some couples have children,  and others don’t.  Every situation is different.

It is often perceived that divorce has to be a battleground, with one of the two people coming out as the “winner”.  Fortunately, it doesn’t have to be always be seen as a competition.  If people want to resolve things peacefully and amicably, they can do so via mediation.

Mediation is becoming much more commonplace among divorcing couples.  Here’s why:

  • More opportunity to speak and be heard
  • Resolve issues via communication vs. fighting
  • Stay out of court and keep your divorce matters private
  • Children are protected from excessive conflict
  • Greater flexibility as to when and how you will meet – you could even conveniently have conference calls or Skype
  • Avoid costs of litigation
  • Save time
  • More flexibility to decide on the terms of the divorce settlement – you control the outcome
  • Connections to other important contacts such as divorce coaches, financial specialists, and child psychologists
  • More effective co-parenting after the divorce
  • Ability to consult with mediator in the event that you need them in the future, who knows your history

If this sounds like the perfect solution for your situation, and something you want to explore further, contact Rahul at Clean Divorce in New Westminster (serving the Lower Mainland) for a FREE 20-minute initial consultation.

 

10 Reasons to Choose Mediation for Separation or Divorce

Posted on by rahul

A family law mediator acts as a neutral party to help couples transition out of relationships in a healthy and peaceful way, without the stress of going to court. Experienced mediators help both parties see the viewpoint of the other, with the goal to reach an agreement that is best for everyone involved.

There are a number of factors that affect mediation for separation or divorce, including the complexity of the issues, whether children are involved, and the extent to which both spouses are motivated to seek a resolution. Mediators help couples resolve disputes regarding parenting time, child support, spousal support, the division of family property, etc.

In addition to keeping the situation fair and neutral, there are many benefits to hiring a mediator:

(1) Save time and avoid court delays – Compared to other forms of dispute resolution, mediation is very time effective. People are often surprised at how quickly a dispute can be resolved through hiring a skilled mediator. Court proceedings, for example, can potentially take years to conclude because the focus is on each spouse trying to prove their case (in terms of facts, fault, liability) to a judge. Mediation, on the other hand, is solely focused on settlement. Parties communicate directly with or without their lawyers. Plus, a qualified mediator is trained to resolve disputes quickly by keeping the parties focused and on track to expedite closure.

(2) Save money – Mediation is much more cost effective than a lawsuit. Mediation is handled out of court, so it bypasses the long and expensive court process. In mediation, there is only one mediator (one full-time professional) as opposed to two full-time lawyers trying to help the parties resolve their issues. Parties do not need to have full-time lawyers representing them throughout the process unless they want their lawyer(s) present at mediation. If the parties choose to attend mediation without their lawyers (which most people do), the mediator can help the parties resolve all their disputes, and the parties can then get independent legal advice from a lawyer of their choice.

(3) Protect assets – Mediation helps couples decide together what will happen to the family home, money, savings / investments, taxes, debts, etc. vs. having this dictated by a judge.

(4) Keep it confidential – Mediation happens in private. Unlike a public courtroom, no one usually sits in your mediation session except you or your lawyer. Information disclosed during mediation will not be revealed to anyone with very few exceptions. What happens in mediation is generally not admissible in court.

(5) Mediation improves communication and cooperation – As with all relationships, communication is key. With mediation, parties are more likely to openly discuss their views on the underlying dispute(s), which leads to mutually beneficial resolutions.

(6) Preserve relationships – In most cases, courts and litigation tends to bring out the worst in people, with both parties pointing fingers as to who did what. With mediation, there is a common goal of reaching an agreement vs. placing blame.

(7) Better flexibility for meeting times – As compared to litigation in court, both parties can agree on times to meet that won’t interfere with their work and other obligations.

(8) Better flexibility for parenting time – Parenting time can be agreed upon to best accommodate the schedules of both parties vs. having this decided upon in court.

(9) Less stress – When both parties have the goal of working together towards an amicable solution, there is less stress; you are in control over the outcome. Matters are discussed in a non-confrontation setting vs. arguing in a courtroom in an adversarial process. Also, knowing that your separation or divorce will be kept private also alleviates anxiety.

(10) Final say – Both parties have the final say as to what will happen – not a judge.

Should mediation happen to be unsuccessful, there is still an option to go to court.

To speak with a qualified mediator in Vancouver or New Westminster, call Rahul at Clean Divorce. He will be able to answer all of your questions regarding your options, rights, and how you can best protect yourself and your family when it comes to separating or divorce.