Divorcing parties who enter Divorce Mediation are generally advised by their mediator to have the final agreement reviewed by their separate attorneys before signing. For the client who wants additional assurance that the agreement coming out of the Divorce Mediation process is equitable, having separate counsel review it prior to signing can address that concern, […]
Entering into a Pre-Nuptial Agreement “PNA” for couples contemplating marriage at an advanced age is a way for each to feel secure that what they have accumulated in the years prior to the marriage will be preserved. Later life couples who marry often want their individual estates to be handed down to their children after […]
In the Collaborative Divorce Process, there is a collaborative team put into place to support the divorcing couple while they move through the settlement negotiations leading to a legal divorce. Depending on the needs of the clients, the team could include a financial professional, a divorce coach or a child specialist, in addition to the […]
The Financial Professional in a Collaborative Divorce case plays a significant role in the process. The Financial Professional must ascertain through diligent document review and examination of records, as well as by dint of experience and knowledge, the clients’ financial landscape. This means whatever assets, obligations and financial goings on that are part of the […]
Divorce Mediation is a voluntary process and is most likely to be successful if the parties are willing to make a good faith effort reach agreement. However, there is no legal obligation to either mediate or to agree any particular settlement. Agreement in Mediation can be reached only when the parties have determined beforehand that […]
There are at least 4 areas in an already existing order of divorce or legal separation that are well suited for post decree modification mediation or collaborative settlement. The current orders in each of these areas may be modified if the situation calls for it and the statutory conditions exist for modification. Child Support. By […]
While some jurisdictions are moving toward a formulaic approach to the payment of spousal maintenance, leaving little room for a full review of the parties’ circumstances, many jurisdictions still provide only the most broad of guidelines for decisions around the amount of spousal maintenance paid. For these latter jurisdictions, using a rational approach to ascertain […]
Financial arrangements in either Prenuptial Agreements or Postnuptial Agreements seem a sticky way to either begin a marriage or seemingly interrupt one. Either document serves to set forth the rights and responsibilities of the marriage partners in the event of divorce and can waive or modify Arizona Community Property Law and/or the statutory requirements for […]
As a long time divorce attorney, I have experienced a range of approaches to settlement negotiations, and the attitudes taken by my colleagues who also specialize in the field of divorce and family law. As I have moved from the traditional adversarial model of divorce settlement negotiations and used mediation and collaborative divorce settlements to resolve […]
Integral to the Collaborative Divorce settlement process is efficiency in making the best use of personnel for specific tasks. This personnel includes not only the two attorneys but the financial professional, the divorce coach and the child specialist. It might seem that use of this personal is overly costly and likely reserved for the wealthy. […]