FAQs Written By Professionals in Canada
- "My husband wants his divorce lawyer to represent both of us to save on fees. Is this a good idea?"
Family lawyer Gary Stern answers: "You and your spouse have competing issues that need To be addressed by separate counsel. Having one lawyer represent both parties in a matrimonial dispute is known as a "conflict of interest."
A conflict of interest is one that might affect the lawyer's loyalty to you as a present or potential client. This could include the financial interest of the lawyer or an associate, or duties to other clients, including the communication of information..."
- "We have a lot of assets to divide. Is Collaborative Divorce appropriate -¬- or even wise?"
Vancouver divorce lawyer-mediator Deborah Lynn Zutter answers: "Collaborative Divorce allows the two of you to agree on what assets you are dividing. You then decide together on how to value these assets. By valuing assets together, you save the costs of "dueling experts". With the assistance of your collaborative lawyers, you choose the valuator together and, because you have agreed on the instructions to the valuator, you are more likely to accept the resulting valuation. Armed with an agreed valuation, the next task is to identify which of you wants which asset and then to craft a fair distribution between you. Your collaborative lawyers guide you through this..."
- "How can I shorten my divorce process?"
Divorce mediator and counsellor Maggie Hall answers:
"1. Plan ahead as much as you can with your partner, prior to separation if possible. This planning may include:
- how to tell the children
- other basic principles where the children are involved
- a plan of action on how to work out the terms of the separation
- organization of your finances.
2. Get legal advice at the outset, so you don't take action that inadvertently results in long-term legal implications.
3. Consult with a mediator to explore whether mediation would be appropriate to help you work out the terms of your separation.
4. Visit a Family Law Information Center (at one of the courts where these centers are now available) to get information about resources available to you and your children to help you through the divorce process..."