In the traditional divorce process, disputes are resolved by a judge in a public courtroom; in the collaborative process, disputes are
resolved by the spouses in private conference rooms.
My approach is that divorce is an unfortunate set of issues to be
resolved by the spouses, not a war that must be won.
Not exact matches
On the strength of the recommendations of the committee, which were adopted
by the House, the House «directs the Ministry of Foreign Affairs and the Nigerian consulate in South Africa to work together with their South African counterparts, where expedient, in helping to quickly
resolve matters regarding passports as well as regularising migrant status of Nigerians, particularly those with South African
spouses.»
That said there will be instances where a
spouse or partner seeks to pursue a case — for example one already dismissed
by the courts (see eg Mann v Mann [2014] EWCA Civ 1674 where the Court of Appeal were critical of Mostyn J for seeking to vary a court order where the issues between the parties had been disposed of: only enforcement remained to be
resolved).
Section 7 of Hong Kong's Matrimonial Proceedings and Property Ordinance («MPPO») sets forth the relevant factors to be considered
by a court in
resolving the financial issues between divorcing
spouses, These factors do not include an agreement between the parties.
If the responding
spouse contests any of the allegations or claims made in the divorce complaint or if the financial and child related issues are not
resolved between the parties
by agreement, the process will take more time and require more legal work.
Keep in mind that, unless equalization and support issues have been
resolved by way of a signed Separation Agreement or court order, your
spouse may still be able to make a claim for equalization from your estate, or make a claim for dependant's relief, which is akin to spousal support.
The vast majority of cases, including family law matters, are
resolved without a trial, through agreement of the
spouses, negotiations
by their attorneys, or mediation.
To protect your privacy, you and your
spouse may consider
resolving your matrimonial dispute
by way of a separation agreement.
If you haven't
resolved this portion of your divorce
by now, then you and your
spouse will engage in discovery to learn more about the other and prepare for a final «trial» on child custody.
The trustees sought a court determination of the correct interpretation of the scheme rules relating to
spouses» benefits and the proceedings were
resolved by agreement between the parties
Like most states, Texas favors voluntary settlements in divorce cases,
by which divorcing
spouses attempt to
resolve their conflicts without court intervention, if at all possible.
BC Spousal support requirements apply to opposite - and same - sex common - law and married couples, and you can choose to
resolve your BC or Vancouver spousal support matters through negotiated or mediated agreement between you and your
spouse, or
by court order.Multiple factors come into play when assessing BC spousal support.
However, even in cases where the
spouses do not intend to proceed to court (i.e. where they hope to
resolve their differences
by way of mediation or arbitration), it may be prudent for each of them to complete a Financial Statement, nonetheless.
A separation agreement is a legal binding contract signed
by spouses, which is intended to
resolve property, debt and child related issues.
By resolving the indecision and looming threat of divorce, Discernment Counseling can help you and your
spouse move forward with your lives — regardless of your ultimate decision.
If you can work things out with your
spouse, you may
resolve these issues
by mutual agreement.
If you do not reach a settlement agreement with your
spouse, you must ask the court to intervene and decide these issues
by filing a separate complaint before your divorce is final, or else you forever waive your right to have the court
resolve issues of property division and alimony.
If you haven't
resolved this portion of your divorce
by now, then you and your
spouse will engage in discovery to learn more about the other and prepare for a final «trial» on child custody.
In summary, the collaborative divorce process can be a wonderful means of
resolving divorce disputes without giving up the right to have a lawyer involved in each step of the process (having your lawyer
by your side as you negotiate with your
spouse).
That depends mostly on how much fighting takes place as the
spouses try to
resolve by agreement the legal issues (custody; a parenting plan; support; and division of property and debt) that the judge must decide following a trial if the parties can not agree between themselves directly or through mediation or with the assistance of and negotiations through their lawyers.
If
spouses can accomplish this, they can divorce
by consenting to terms that
resolve all marital issues.
Step Two (2)-- Don't explore mediation or collaborative divorce: Consider this nightmare scenario: You and your
spouse being guided
by professionals who are committed to helping you communicate effectively to
resolve serious issues.
The collaborative divorce process gives
spouses the opportunity to spare their children, family, friends, and others from learning the specifics of why they are separating
by resolving their divorce issues in private conference rooms rather than in a public courthouse.
Mediation saves time, money and stress
by allowing
spouses to
resolve custody, parenting time, child support, property and debt disputes quickly and confidentially.
The process requires both
spouses to
resolve their differences without going to court
by using attorneys, divorce coaches, mental health and financial professionals.
A separation agreement is a legal binding contract signed
by spouses, which is intended to
resolve property, debt and child related issues.
Demonstrate and honor your commitment
by resolving your issues and aiming for a better relationship with your
spouse.
The real problem is how to divvy everything up in divorce, and divorcing
spouses won't arrive at the best solution for their family until they collaborate on
resolving their issues
by working together, not against each other.
S / he will try to
resolve issues
by negotiating respectfully with your
spouse's Collaborative attorney.