1. Divorce Basics What you should know about seperation and divorce What you should know about seperation and divorce The Proceedings The Proceedings The various methods of becoming single The various methods of becoming single What should be considered What should be considered

2. Divorce Procedures Divorce Procedures Legally valid reasons for divorce: Legally valid reasons for divorce: No Fault No Fault Marital Offence Marital Offence

3.  One year period  Reconciliation implications >90 days  Advantage of no fault  Uncontested divorce Divorce Proceedings

4. Marital Offences Marital offense Marital offense 3 Types: adultery adultery physical cruelty physical cruelty mental cruelty mental cruelty

5. Financial Disclosure Financial Disclosure  Financial disclosure  Find possible errors  Look at regular habits

6. Marriage/Cohabitation Agreements Offers a method of opting out of Government Acts Offers a method of opting out of Government Acts Able to do in contemplation of marriage Able to do in contemplation of marriage

7. Traditional Separation/divorce Process Lawyers use the courts as a weapon Lawyers use the courts as a weapon Training to date has been adversarial Training to date has been adversarial

8. Roadblocks Adversarial approach causes deeper issues Adversarial approach causes deeper issues Battle lines get drawn Battle lines get drawn Communication is on too many levels Communication is on too many levels Clients become stuck on issues easily Clients become stuck on issues easily

9. Financial Scenario Reports Identify tax consequences Identify tax consequences Identify reality projecting forward Identify reality projecting forward Inform of results due to positional issues Inform of results due to positional issues

10. Alternatives to Court Arbitration Arbitration Mediation Mediation Collaborative Divorce Collaborative Divorce

11. Mediation Mediation Mediation uses a neutral 3 rd party uses a neutral 3 rd party but they not control the decision or counsel anyone – but they not control the decision or counsel anyone – they act as a facilitator they act as a facilitator

12. Collaborative Divorce New method of dispute resolution New method of dispute resolution using a team of expert professionals using a team of expert professionals complete disclosure of all facts by all parties complete disclosure of all facts by all parties  No court or the process ends for all parties

13. Collaborative Law Lawyers specially trained in this facet of law Lawyers specially trained in this facet of law work to find solutions that both their client and the spouse are satisfied with work to find solutions that both their client and the spouse are satisfied with Legal advice & advocacy Legal advice & advocacy Lawyers Work for clients but as a team & facilitators not warriors Lawyers Work for clients but as a team & facilitators not warriors

14. Collaborative Practice Involves a team of professionals Involves a team of professionals Lawyers Lawyers Financial Divorce Specialists Financial Divorce Specialists Mental Health Professionals Mental Health Professionals + others – accountant, business valuator, + others – accountant, business valuator, child specialist, appraisers, etc. child specialist, appraisers, etc.

15. Collaborative Practice Participation agreement Participation agreement All parties must sign onto the agreement All parties must sign onto the agreement Not able to work with clients after case Not able to work with clients after case Financial Specialist – is the true neutral Financial Specialist – is the true neutral Usually meets with entire group (5 min.) Usually meets with entire group (5 min.)

16. Behaviour in Collaboration Parameters identified for proper behaviour Parameters identified for proper behaviour Must abide by rules to maintain process Must abide by rules to maintain process Not even a threat of going to court Not even a threat of going to court

17. Issues High conflict clients High conflict clients Communication challenges Communication challenges Clients being stuck on a position Clients being stuck on a position

18. Financial Divorce Specialist Always represent both clients Always represent both clients Truly neutral presentation of scenarios Truly neutral presentation of scenarios Reality check Reality check Educator of facts and scenarios Educator of facts and scenarios Communicator of process, facts, etc Communicator of process, facts, etc

19. Children in Collaboration Remain - main concern same as traditional Remain - main concern same as traditional Ability to solve items via parenting plans Ability to solve items via parenting plans Using the specialists give them a voice Using the specialists give them a voice Better options for a respectful family unit Better options for a respectful family unit