lundi 25 décembre 2017

Facts About Collaborative Family Law Calgary

By Ann Allen


For individuals dealing with issues of divorce or other family problems, it is important to consider an alternative option of resolution that is known as collaborative family law. The parties will strive to have the issues sorted out of court with the help of family attorneys. They will also need to hire the services of mental health counselors and financial advisers. There are no court processes involved. In considering collaborative family law Calgary residents can benefit from some facts.

In the first lace, the laws were established to help only in case of divorce. In order to be a success, those involved need to be participants in he process. There will be no success if either party is not willing to genuinely be part of it or if they are already adversarial. All those involved also need to fully comply with terms of the resolution. This is crucial if any meaningful ground is to be covered.

In the event that there are kids involved, an important aspect of the contract is that children will be left out of the dispute. There should also be maintaining of stable home environment as the resolution is done. The attorney during this process is not to litigate or defend their clients. Both parties will need to agree to participate in the process. Both parties are supposed to have their attorney. The attorneys help clients to figure issues regarding child custody, splitting marital assets and child support.

For collaborative processes, you need the services of a counselor. When couples are trying to reach an agreement on emotionally charged issues, a counselor helps to cool down the tempers. They will try and help both parties to deal with various issues that arise, In addition, they can also assist parties to develop skills that will help them to cope and effectively communicate with each other. This comes in handy because individuals will still need to remain good friends and more so if there are kids involved.

There will need to be a first meeting between the attorney and his client so that the process is discussed in depth. If an agreement is reached, attorneys for both parties will meet to agree on what needs to be discussed in the first joint meeting. In the joint meeting, the couple and attorneys will be present so that ground rules are laid.

There is then signing of a contract that binds everyone to use the collaborative process. When that is done, both parties decide on what the next step should be and as such there may be further meetings organized. All binding issues are ideally discussed in meetings that involve all parties. Mutual respect and trust will be key to having a successful process. Also important are commitment and honesty.

If by any chance there is not able to be a resolution, the proceedings and discussions will be deemed confidential. They are not ever going to be part of court processes if there are to be future negotiations. This is an important aspect. Most of the negotiations however end in success.

In case there is success in the resolution, there will be preparation of a binding separation agreement by the attorney. It is a reflection of all issues that were agreed upon. The document is signed by both parties.




About the Author:



Aucun commentaire:

Enregistrer un commentaire