Valley Family Law News & Updates

What Is Collaborative Law And Is It Right For Me?

Thu, 16 Jun 2022 18:04:26 GMT

Collaborative Law: a dispute resolution process.

This information is an excerpt from the Association of Collaborative Family Law Professionals website - www.collaborativefamilylawyers.ca

For more information on Collaborative Family Law, please contact Valley Family Law for a no-obligation consultation.

What is Collaborative Law?

Collaborative law is a dispute resolution process, facilitated by trained lawyers who assist participants in resolving conflict using cooperative strategies rather than adversarial techniques.

Through a series of group meetings, lawyers and participants focus on identifying underlying interests, generating solutions that meet them.

A key outcome of Collaborative Family Law is that participants agree to negotiate an agreement without going to court.

Collaborative Family Law can:

Facilitate exchange and understanding of information between parties
Explore a range of outcomes
Reach customized solutions
Give participants control over pace and privacy

What Is The Process?

Participants sign a Participation Agreement that outlines the parameters of the process, including a commitment not to begin a court proceeding.
Collaborative professionals use an interest-based approach to identify the individual needs of each participant and the family.

Collaborative Family Law is a team-based approach, using the support of trained professionals. Collaborative Family Lawyers are trained in the collaborative process and are members of the Association of Collaborative Professionals of Nova Scotia.

For more information on Collaborative Family Law, and how it might benefit you, please contact Nicole MacIsaac of Valley Family Law for a no-obligation consultation.

Ways To Resolve Family Law Issues Without Court.

Thu, 16 Jun 2022 18:03:41 GMT

Mediation for family dispute resolution, outside of court.

This information is an excerpt from the website Family Law Nova Scotia.

For more information on Nova Scotia Family Law, please contact Valley Family Law for a no-obligation consultation.

The term “family dispute resolution process” is used to describe the ways family law issues may be resolved without going to court.

Mediation is a service facilitated by a neutral third party who can help you and the other person identify issues in dispute, discuss these issues and come up with possible solutions. The people involved in mediation are responsible for making the decisions about each issue. The mediator doesn't have the power to make an order or to force you to agree. Also, the mediator’s role is not to impose the law.

Voluntary Process

The Court of Appeal Mediation Program is a voluntary program available to those who have launched an appeal in a civil or family dispute (not available in criminal appeals). This program is not available to litigants whose matters are being dealt with in the Supreme Court Family Division - it is for the Court of Appeal only.

The idea is to give litigants the opportunity to resolve their differences themselves with a judge’s help.

Before you take part in a family dispute resolution process think about whether there are any safety concerns, and whether you will be able to have your voice, and your concerns or wishes about your child, heard.

Family dispute resolution might not be right for you if there is:

high conflict
a power imbalance
family violence.

For more information, or to explore is mediation is right for you, please contact Valley Family Law for a no-obligation consultation.

Thinking About A Divorce?

Wed, 01 Jun 2022 07:19:08 GMT

Important things to think about before you start a divorce.

This information is an excerpt from the website Family Law Nova Scotia.

For more information on Nova Scotia Family Law, please contact Valley Family Law for a no-obligation consultation.

Get Legal Advice

It is always a good idea to get legal advice from a family law lawyer when you are thinking about getting a divorce.

It is especially important to get legal advice if your divorce will be complicated. Examples of things that may make your divorce more complicated are:

you and your spouse do not agree on all the issues so you may need to have a divorce trial

there is a high level of conflict between you and your spouse

there is, or there has been, family violence and you are afraid for your safety or your children’s safety
you and/or your spouse have pensions, property, debts or business assets that need to be divided

It is a good idea to get advice even if you and your spouse agree on everything. If you make mistakes with certain parts of your divorce, you may not be able to fix the mistakes after the divorce is final.

Privacy Considerations

Your privacy is important. When you give documents to the family court, your spouse will get copies of everything you file. And, you will get copies of everything your spouse files with the court. If there is information that you want to keep private and do not want your spouse to have, speak to the staff at the court for help. For example, if you do not want your spouse to have your current civic address or information about your employer because you have safety concerns or for another reason, you may be able to give this information to the court on a separate paper that would not be sent to your spouse.

Your Safety and Security

Tell the family court staff if there has been any family violence. Family violence includes situations where abuse is directed at you, another family member, your child, or where your child witnessed the abuse. Family violence includes situations where you are afraid for your safety or for someone else’s safety.

Best Interests Of Your Children

If you and your spouse have a child or children together who are under 19 years old or still dependent, most often, parenting issues will have to be resolved with your divorce. In doing so, parents need to focus on what is in the best interests of their children. If a judge has to decide parenting issues, their decision will be based only on the best interests of the child or children.

Parenting issues can be straightforward or complicated, depending on your circumstances. It is important to speak with a lawyer to learn about your rights, responsibilities, and options.

Property, Pensions, & Debts

Your divorce may be more complicated if you or your spouse have property, pensions, or debts. It is important to speak with a lawyer before you ask the court for a divorce because you need to know your rights and responsibilities, even if you believe your divorce is simple. You will likely not be able to change the division of property, pensions, and debts after your divorce is final.

Getting A Divorce Takes Time

The family court cannot guarantee how long a divorce will take before being finished. Divorces often take a long time, especially when there are many issues involved.

Uncontested Divorce: If you and your spouse agree on everything, you would not need to appear in court after giving the staff your paperwork. The judge would review your paperwork on their own time, and without having you or your spouse attend court. Even divorces that are uncontested can take several months before the divorce is finalized.

Contested Divorce: If you and your spouse cannot agree on parenting arrangements, child support, spousal support, property division or pension division, then both of you will need to attend court to appear in front of a judge. If the judge must decide on any or all the issues, then the court will schedule a trial where you and your spouse will need to appear and present evidence and make arguments about your position. A contested divorce will take longer than an uncontested divorce.

You can’t remarry until your divorce is final and you have a divorce certificate. Do not plan a wedding to get remarried until you have received your divorce certificate from the court. The court will not speed up your divorce because you want to remarry.

What Is A Clearance Certificate?

When you apply for a divorce, the court will apply for a clearance certificate from the Central Registry of Divorce Proceedings in Ottawa. The clearance certificate confirms that there are no other divorce cases between you and your spouse anywhere in Canada. It may take several weeks for the court to get this certificate, and the court cannot start to process your divorce until they get the clearance certificate.

Always Obtain Legal Advice

It is always recommended you obtain legal advice. The Divorce Act is the law that covers all divorces in Canada. No matter which province or territory you are applying from, you use this law. There are other laws that may apply in your divorce too. For example, there are separate laws for dividing property, like Nova Scotia’s Matrimonial Property Act.

If you were married, you have to go through the court’s divorce process to end your marriage. There is no such thing as an ‘automatic divorce’ in Canada, no matter how long you have been separated from your spouse.

For more information, please contact Valley Family Law for a no-obligation consultation.