Most clients have a lot of questions as they
begin the divorce or separation process. Ann will endeavor to answer as many questions as possible during the initial consultation meeting.
Following is an overview of the resolution
process. Whether helping you to
resolve outstanding issues
through negotiation of a Separation
Agreement, Cohabitation/Marriage
Contract,or litigation the process is similar.
Your initial consultation meeting
with Ann.
You retain the firm.
The firm conducts a review and
analysis, together with you, of your case, including financial disclosure, key issues, gathering of relevant documents and
other information necessary to help
resolve your outstanding issues.
If necessary, Ann’s firm will engage experts
to conduct such things as pension valuations, custody and access assessments, and
business and income valuations.
The firm will attempt to negotiate an out of
court resolution, through negotiation, mediation and/or arbitration:
Negotiation involves lawyers attempting to negotiate the settlement of any or all of the issues in a case. If the parties are able to resolve all of the issues, they will incorporate the terms of settlement into a Separation Agreement or Minutes of Settlement.
Mediation can be used if both parties agree
to be part of the process. Mediators are
usually senior family law practitioners who
are lawyers, social workers, psychologists,
and retired Judges.
Arbitration also requires consent from both parties, and are conducted by senior family
law counsel or retired family law Judges.
If an out of court settlement can be
reached, a written separation agreement
will be prepared, approved and executed.
If an out of court settlement cannot be
reached, an application to Court will be
drafted on your behalf, or the firm will
respond to your spouse’s application.
If litigation is commenced, Ann will prepare for and attend with you up to three mandatory conferences, with a Judge, your spouse and his or her lawyer present.
Again if litigation is commenced, Ann will prepare for and attend motion hearings
if required.
Preparation for and attendance at questioning or examinations.
Preparation for and attendance at Trial.
Throughout the litigation process, Ann’s firm will continue to attempt to negotiate an out of court settlement.
