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Difference between revisions of "Separation and Separation Agreements"
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Separation and Separation Agreements (view source)
Revision as of 01:11, 27 April 2021
, 01:11, 27 April 2021→Are mediation or collaborative practices helpful?
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Lastly, you can go to court. Know that this approach will be more expensive, stressful, and adversarial. | Lastly, you can go to court. Know that this approach will be more expensive, stressful, and adversarial. | ||
===Are mediation or collaborative | ===Are mediation or collaborative negotiation helpful?=== | ||
Both the BC ''Family Law Act'' and the | Both the BC ''Family Law Act'' and the Divorce Act encourage separated spouses to resolve their family law issues out of court. Using negotiation or mediation is a good idea — unless it would be inappropriate in the circumstances (for example, where there has been family violence). | ||
You and your partner may want to make decisions together. But you may be having trouble negotiating with one another. '''Mediation''' can help. A trained family law mediator, such as a family justice counsellor or a private mediator, can work with you. They can help you to develop a parenting plan for the children and help you make other decisions as well. | You and your partner may ''want'' to make decisions together. But you may be having trouble negotiating with one another. '''Mediation''' can help. A trained family law mediator, such as a family justice counsellor or a private mediator, can work with you. They can help you to develop a parenting plan for the children and help you make other decisions as well. | ||
A '''collaborative | A '''collaborative negotiation''' approach may also be used to settle things. Here, the couple and their lawyers agree to work together. They can negotiate an agreement. The couple and their lawyers sign a collaborative participation agreement saying no one will go to court or threaten to. If the collaborative negotiation process breaks down, the spouses must hire new lawyers if they want to go to court. | ||
For more on these options, [[Mediation and Collaborative Practice|see our information on mediation and collaborative | For more on these options, [[Mediation and Collaborative Practice|see our information on mediation and collaborative negotiation]]. | ||
===What happens if one spouse dies during negotiations?=== | ===What happens if one spouse dies during negotiations?=== | ||
