Lawyers Can Resolve Separation And Divorce Issues
By having lawyers involved initially, it can often save the parties money in the long run. We help negotiate win-win situations for the parties by minimizing tax implications and by maximizing return to the parties. We let the parties know right at the beginning what their rights and obligations are so they don’t have unrealistic expectations that make negotiations impossible.
Family Law lawyers have lots of experience in the area and have experience with spousal support guidelines calculations and child support guidelines calculations. For a self-employed person, counsel should know how capital cost allowance will be reported and imputed as part of the person’s income or will not be depending on the facts of the case. There are some areas in which the parties will benefit from other professionals as well, and family lawyers have access to all of these to help their clients.
For self-employed situations and where there will be transfers of property which has tax consequences, it’s important to have an accountant or a similar professional to give advice as to the best methodologies for doing that. Similarly for custody and access, there are a number of different resources available, everything from counseling for the parties and the children to parenting counselors who will assist the parties in setting up arrangements for the kids. There are resources available for access exchange locations and web-site-based planners that both parties have access to so that they don’t need to call each other every day about the children’s schedules. There are many resources available to assist parties in minimizing conflict and coming to agreements on their own.
There is also a formal protocol called collaborative law in family cases which includes the promise by the lawyers not to commence litigation or act for a party in litigation if the collaborative law process breaks down. In my view, that particular aspect of the protocol doesn’t always benefit the parties. A lawyer could be negotiating on your behalf and spending countless hours working toward an agreement. If there is a breakdown in negotiations, then you have to start with a new lawyer to take the matter to court. It will cost the client a significant amount to bring a lawyer up to speed. I don’t personally practice collaborative law with a protocol that precludes me from acting in litigation for the party.
It’s also important to know that solicitors are obligated under Section 9 of the Divorce Act to canvass the possibility of reconciliation. They must refer their clients to resources in the community who may assist the couple, if there is any possibility of reconciliation. One of the first steps I take when I talk to a client is to find out if there is any chance of them staying together. Especially in today’s environment and economic situation, both parties will suffer financially fairly significantly if they divorce and they’ll never have the same relationship with their children whether they’re the primary caregiver or the access person just because of the changed dynamic. They won’t be able to sit on the verandah talking to their spouse and remembering when their children were 2 years old, if they divorce. Most lawyers want to see, if possible, whether parties can stay together, and they’re obligated by law to try and encourage that.
If you, or someone you care about, is dealing with family law issues in the London, Ontario Region, contact Michael Nyhof Barrister & Solicitor for a consultation.
This article is taken from a May 04, 2009 interview with Michael Nyhof, Family Lawyer with Michael Nyhof Barrister & Solicitor, a London Ontario Family Law Firm. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.