WHY COLLABORATIVE LAW CAN WORK FOR YOU

A new study recently published by the International Academy of Collaborative Professionals has great news for separating couples who are looking for an out of court choice.

In this study, 86% of all cases ended in an agreement on all issues.  An additional 2% ended in reconciliation of the couple.  Of the remaining, 11% of the cases terminated without a final settlement but 14% of those cases reached a partial settlement.  More importantly, almost 60% of cases studies settled in 7-8 months and almost 80% were settled in 9-12 months.

The clients found fees reasonable and indicated a high satisfaction level with their lawyers, finding them respectful, dedicated to making sure their client understood what was happening, good at communications and helpful at assessing the options that would lead to lasting settlement.

Given the high success rates, Collaborative Law is now firmly a part of the mainstream of choices for divorcing couples.  It offers a time managed approach, leads to a final settlement and has a high approval rating by those who have taken part.

Please contact us to talk about how working collaboratively will benefit your family.

(previously posted on www.marionkorn.com )

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A Case Study in Grey Divorce

Meet Anthony.  He is 57 and spent his professional life in the investment industry.  When the market faltered, he was terminated with a healthy severance.  With the blessing of his wife of 30 years, he wrote a “how-to” book for online investors.  His project netted him a part time position at a local college teaching business writing courses.

Four years later, his wife Marcia, an optometrist with her own small business, announced that she wanted to leave the marriage.  They had been in counseling on and off, but Anthony never thought the marriage would end.  How could this be happening just when the last of their 2 sons was graduating university and the older was building a law practice?

This is the new reality for many in their 50’s and 60’s.  Longevity as a result of fitness and good diet, as well as lifestyle choices, means that being married to one person goes on for a long time.  And for some, the thought of remaining in a less than perfect marriage after the kids are gone is not what they choose.

When Anthony and Marcia saw lawyers, they began to realize that they had a lifetime of obligation and responsibility towards one another that would not end with their separation.  They soon understood that they had to plan the process they would use to reach a final agreement, or risk overspending their savings.

This couple, like so many others, is likely to succeed in mediation.  Here are some of the reasons why:

  • The mediator along with a financial partner will make sure you understand what your financial future looks like and will offer you  the opportunity to make market adjustments as necessary
  • It is a place where you can calmly talk about what you each need and want with the guidance of the mediator
  • You can control cost and timelines
  • The mediation process respects your future as a family- separate but still a family
  • Mediation focuses on the future
  • Mediation has a proven track record of success

 

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Finances and Grey Divorce

Marion and Eva discuss finances and grey divorce this week.

Marion discusses how Collaborative Practice can be financially beneficial in a late in life divorce.  http://marionkorn.com/index.php/financial-stability-is-top-of-mind-in-grey-divorce/

Eva talks with Deborah Moskovitch on Divorce Source Radio about what those divorcing later in life need to think about financially. http://www.divorcesourceradio.com/im-divorced-now-how-am-i-going-to-retire/

If you would like to find out more about later in life divorce, please join Marion and Eva on Wednesday June 6th, 2012 at 6:30pm for Divorce Talks Live. To register please go to  http://mutualsolutions.ca/divorce-talk/

 

 

 

 

 

 

 

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Check this out!

Marion’s blog on why collaborative law can work for you! Very interesting information. Worth check out!

http://marionkorn.com/index.php/why-collaborative-law-can-work-for-you/

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High Parental Conflict Affects Learning and Future Health of Kids

http://www.parentcentral.ca/parent/familyhealth/article/1164720–high-conflict-between-parents-affects-kids-learning-and-future-health

Are you contemplating divorce but worried what affects it may have on your child(ren)?  According to Dr. Jean Clinton, a clinical psychiatrist and professor at McMaster University in Hamilton, high parental conflict, whether during marriage or divorce, has negative effects on children’s learning and future health.  However, bringing down the level of intensity in a conflict can make a difference, so when thinking about your divorce, remember that lower conflict will have more positive affects on your child(ren). Types of low-conflict divorce include mediation and collaborative divorce. At Mutual Solutions we work with your family on all aspects of your divorce to ensure conflict is minimised.

 

 

 

 

 

 

 

 

 

 

 

 

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DIVORCE AFTER 50- THE BENEFITS OF MEDIATION

The closer retirement, the more important it is to manage resources.  It takes a lifetime of planning for the years when more monies will go out than will be earned.

For most couples, their plans for retirement are meshed.  When kids are young, there are often dreams about what an empty nest will feel like.  When it finally comes, thoughts often move ahead to the time when leisure will dominate.

No couple plans for a divorce.  They are too busy working, saving, managing the household and just living life.  But recent statistics show that separation and divorce is growing more quickly among mature couples.  There are many theories, including the one that says the “baby boomers” are a generation that feels a strong entitlement to their lifestyle choices.  This is the generation that is now spiking divorce rates.

The math is simple the closer you are to retirement.  There is less time to save and a longer time to spend.  Preserving the nest egg means splitting it up in a way that will bring the most benefit to each person.  And spending it on a fight means less for everyone.

Mediation is a very useful process when maintaining resources is paramount.  Here are some good reasons for engaging a good mediator to help you work out your separation agreement:

  • It is better for your kids (imagine how hard it is for grown kids to see their family change)
  • It is your process and you can control cost and timelines
  • It is confidential
  • It gives you the chance to leave the process with an ongoing relationship to maintain a healthy family
  • The mediator along with a financial partner will make sure you understand what your financial future looks like and will offer you the opportunity to make market adjustments as necessary
  • You will be given the opportunity to work on your future, not to fight about your past
  • Mediation has been around for decades and has a proven track record of success
  • It is something you can both agree on

 

 

 

 

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“Grey Divorce” Information Session

For  couples contemplating separation or divorce at later stage of life, the costs of   prolonged negotiations that may erode assets that they have set aside for their retirement  is not what they want to see happen. There are viable alternatives to costly litigation  that  allows the couple, rather than the court, to decide what is best for them.

If you or someone you know is facing divorce, join us on Apr 12  at “Late in Life” Divorce Talks.
Learn how our mediation process works and how it differs from litigation.  To register CLICK HERE

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Late in Life Divorce

For the new generation of   ”empty – nesters”, divorce is increasingly common. Though overall divorce rates have declined since spiking in the 1980s, there has been a rise in “grey divorce”.

With people living longer and healthier lives, they are deciding that now that they’ve launch their kids,  come to the realization that they have another 25-30 years to live. They question if they want to spend it with this person who they find less and  less in common.

The issues are significantly different for someone in their 50’s or older considering divorce  than someone in their 30’s or 40’s. With children  out of the picture, financial concerns are a main  focus.. how will divorce affect your retirement plans, your pension, the  division of  hard earned assets  over a lifetime.

Breaking up late in life … is it  hard  to do?

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Not Broken – Not Fixed

In an interesting article in today’s Globe and Mail, the writer Elizabeth Weil is interviewed about her journey with her husband to work on their marriage.  They had no intention of separating.   Their goal was to make sure they were doing the things that would keep their marriage healthy.  Both were realists in admitting that no marriage is perfect.  Both were committed to tending their relationship. 

Their experience, which is chronicled in her book, No Cheating, No Dying, highlights their adventure.  The marriage counselling model was not so helpful to them.  And certain approaches within therapy were even worse.  They eventually found some inspiration through a government sponsored Marriage Education class.  It seems that in California at least, some thought has been given to the helping marriages work.  Perhaps that makes sense in the state that is supposed to have one of the highest divorce rates in the US.

For the rest of us, it may be easier to get help to separate than to stay together.

Find the article http://www.theglobeandmail.com/life/relationships/love/marriage/fixing-an-unbroken-marriage-good-idea-or-beginning-of-the-end/article2370746/

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Family and Friends… Best Divorce advice?

When it comes to divorce, there’s no shortage of friends and family who are willing to lend their advice. However, the opinions and recommendations of friends and family can often be more detrimental than helpful. They all mean well, of course. But, this is definitely one of those instances where a little knowledge can be a dangerous thing.

Lots of people have a divorce story to tell, and usually, they’re quite eager to share it. They or someone they know has “been there” and want to share their experience.   In reality, though, no two divorces are alike. Just because a friend of a friend received a settlement that included half of her husband’s company doesn’t mean you will get the same deal in your divorce (besides, you may not want that deal, anyway!).

A discussion about your stock portfolio can lead to much confusing misinformation.  Your brother, who helped you get started with investing twenty years ago, just isn’t the right person to help you understand how dividing your current portfolio will impact your long-term financial well-being. Likewise, even though your sister kept her marital home, that doesn’t mean you should

All of these people are well-intentioned, and there’s no doubt that they can provide support for you in other ways during your divorce. Without a doubt, if you’re going through a divorce, you’re going to get advice –whether you asked for it or not. The trick is to know which advice to heed and which advice to ignore.

If you’re thinking about divorce, and looking for advice about where to start, contact Mutual Solutions, the starting point for separating couples.

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