FAMILY

A breakdown of a marriage or common law relationship is one of the most stressful and traumatic events in the lives of the persons experiencing them. The obvious emotional stress is often compounded by an uncertain understanding of what one's legal rights and obligations are after such a breakdown.

We believe that first and foremost, our clients need to understand what those rights and obligations are before they choose a course of action to follow. Just as important, we need to understand our client's needs and means before we can recommend a course of action. Not all situations are the same, and not all clients desire the same remedies. There are plenty of situations where rights and obligations are such that there is really no legal work required, or that legal work would be too expensive for the results obtained.

If you do require assistance, there are various roads you can take. We are providing you with a brief overview of the different methods below.

COLLABORATIVE LAW

The majority of cases are resolved by negotiation, although up until recently, each party could wield the threat of court proceedings if negotiations failed.

Collaborative Law is a new model which focuses on developing cooperative strategies rather than litigation in the courts. The emphasis is to identify ways whereby lawyers can work with their clients to achieve a cost-effective and efficient resolve to outstanding issues. Early in the process, both of the parties in a family law dispute are encouraged to utilize analysis and reasoning to solve problems and to develop options which can result in a mutually agreed settlement.

We believe that our efforts should be directed toward finding satisfactory settlement rather than costly preparation for trial. In this way, you are part of the agreement and you control the outcome rather than leaving the ruling in the hands of a Judge. A climate of 'win-win' exists throughout the discussions and a result can be obtained much quicker than if the parties have to wait a long period for court dates.

If the Collaborative Law approach does not work, both lawyers withdraw from the case and their respective clients are free to look for another lawyer who will pursue the matter in court.

NEGOTIATE A SEPARATION AGREEMENT

A separation agreement is a contract between the parties. They can be simple or very complex. A complex separation agreement may take months to prepare. There may be many assets to be divided and evaluations need to be determined. Determinations of incomes can be complex (such as when one of the parties is self-employed). Income is paramount to determining levels of child support. Pensions can be divided by a simple formula or evaluated and offset with other assets.

A separation agreement does not result in the parties being divorced, but it can make it much easier to subsequently obtain a divorce.

SUPREME COURT

This is by far the most expensive. The various stages and procedures are too complex to discuss here. However, a very important distinction needs to be made between interim hearings (which occur in judges' chambers) and final hearings (a trial). Family matters in Supreme Court almost always require interim orders from the court. These orders are to "hold things together" pending a trial or final agreement between the parties. Such interim orders include custody and access, child and spousal support, and the use and preservation of property.

After the initial interim hearing negotiations continue, and most matters resolve prior to trial. As with a separation agreement there are many issues to negotiate, and the fees reflect the extent of those negotiations.

In the event that negations are futile, proceeding to trial may be the only option. Trials are by far the most expensive. For each day of trial, there is at least a day of preparation. There are pre-trial procedures such as examinations for discovery. There are often post-trial procedures such as settling costs (who is to pay what for having to go to court in the first place).

PROVINCIAL COURT (also known as Family Court)

The Provincial Court does have jurisdiction to deal with some family matters such as custody and access, and spousal and child support. New rules have been enacted which try to make it easier for people to represent themselves in Provincial Court, but it is still daunting for someone unfamiliar with court procedures.