Cohabitees Rebecca Steinfeld and Charles Keidan have been unsuccessful in their legal challenge at the Court of Appeal. The decision the Court had to make was whether to extend the law to allow opposite-sex couples to enter into civil partnerships. Continue reading Court of Appeal refuse couple’s civil partnership challenge
The court system publicly pits husband versus wife, mother versus father, according to collaborative lawyer Adam B. Cordover. On the heels of the fifth anniversary of his law firm, he declares that he will no longer take part and announces his firm’s new focus and name as Family Diplomacy: A Collaborative Law Firm.
TAMPA, FLORIDA (PRWEB) AUGUST 07, 2015
“When a person steps into a courthouse to file for divorce, he or she is entering an adversarial system pitting spouse versus spouse,” says Tampa attorney Adam B. Cordover. He has seen families publicly tear themselves apart in the court system, and he has decided to do something about it. Cordover will now practice exclusively in out-of-court dispute resolution, with a focus on collaborative divorce, mediation, direct negotiations, and unbundled legal services.
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And on July 31, 2015, the fifth anniversary of the establishment of The Law Firm of Adam B. Cordover, P.A., Cordover has changed his firm’s name to reflect this new focus. His firm is now “Family Diplomacy: A Collaborative Law Firm.”
“We have wonderful and caring judges, but they are limited in a system that turns parents into ‘opposing parties’ and attorneys into opposition research experts,” says Cordover, who will no longer appear in contested court hearings. “There are better, private methods, such as collaborative divorce, to help families resolve their differences and still maintain a relationship and their dignity once the divorce is finalized.”
Collaborative divorce, sometimes called collaborative law or collaborative practice, starts with a pledge by both spouses and their attorneys: Everyone will focus solely on reaching an agreement outside of court. In the unlikely event that the parties cannot reach an agreement, the collaborative attorneys withdraw and the parties may retain trial counsel (nationally, the collaborative success rate is around 90%, similar to the settlement rate of all divorces).
Each spouse in a collaborative divorce is represented by his/her own attorney, who will not waste any time, money, or energy on costly discovery tactics, motion practice, or trial preparation. Confidential discussions are had in private conference rooms rather than hearings in public courtrooms. The spouses agree to be open, honest, and transparent, and to focus on the future rather than the arguments of the past. The spouses and their attorneys work as a team to address all issues rather than as adversaries to attack each other. Experts are jointly retained to help tailor parenting plans specific to their children’s needs and financial solutions to help each spouse hit the ground running in their newly single lives.
All types of couples have decided that collaborative practice is right for them: business owners who want to minimize public exposure of their finances or trade secrets; professionals and high-profile individuals who want to keep embarrassing private personal details out of the limelight; gay and lesbian partners who never were officially married but want to work out the dissolution of their relationship; and parents who recognize that, though their marriage may be ending, a relationship of some sort will need to continue with the other parent for many years to come.
“My goal is to help families resolve their divorce issues as peacefully as possible,” says Cordover. “I have witnessed ‘War of the Roses’ and ‘Kramer vs. Kramer’ divorces, and I no longer wish to be a part of them.”
Learn more at www.FamilyDiplomacy.com or 813.443.0615.
(Victorian & Australian Law)
In recent times, the jurisdiction of property disputes in Family Law has broadened. Traditionally, property was only divisible between married or divorced couples. De-facto and same sex partners are now able to apply for a property settlement, though under different law. In the absence of agreement between the parties, an application for the settlement of a property dispute is made to the court, to be decided on the basis of need.
The settlement reached becomes legally binding and enforceable by the courts. Here’s a rough guide to what usually happens in these situations…
Parties can make a property settlement by agreement or, if agreement cannot be reached, make an application to the court for a property settlement. Applications for the division of property after divorce can be made to the Family Court or to the Federal Magistrates Court where a property dispute is worth less than $700,000.
Only parties who are or were married can make an application for a property settlement under the Family Law Act 1975 (Cth). In the case of divorce, an application must be made within 12 months of receiving the decree absolute. De-facto and same sex partners can make an application under the Property Law Act 1958 (Vic) in the Supreme Court, County Court or Magistrates’ Court.
Once an application is made, the parties will be asked to attend a case conference, with the aim of settling the property dispute by agreement before it goes to court. Present at this conference will be the parties, any family lawyer involved and a court registrar. If this conference is unsuccessful, the parties will go to court.
Property disputes in de-facto and same sex relationships (domestic relationships) are dealt with under the Property Law Act 1958 (Vic). A domestic relationship is a relationship between two people (regardless of gender) who live together as a couple on a domestic basis but are not married. The domestic relationship must have existed for at least two years for an application for a property dispute to be made under Part 9 of the Property Law Act . If there are exceptional circumstances, for example children being born out of the relationship, this two-year period can be waived. The relationship must have ended after 8 November 2001 for Part 9 to apply.
The type of property divisible in a property settlement includes assets, cash, real estate, investments, insurance policies and superannuation. Debts are also taken into account. In a domestic relationship, as governed by the Property Law Act , superannuation and retirement benefits are not included in a property settlement. In making an order for property settlement, the court calculates the total pool of assets of the parties.
The division of these assets is based on both contributions made by each of the parties to the asset pool and future needs. The contributions of the parties include non-financial contributions, which means a homemaker will not be disadvantaged in this assessment. Future needs takes into account who is responsible for the daily care of the children, earning capacity, age, health and the financial circumstances of any new relationship. The aim is to distribute the property fairly between the two parties.
If you believe your partner is going to dispose of assets before the total pool of assets is calculated you can obtain an injunction to stop the sale taking place. Bank accounts and proceeds from the sale of any assets that has already taken place can also be frozen.
A party can apply for ongoing spousal maintenance if they can prove they are unable to support themselves. This application must be made within 12 months of divorce. An application for spousal maintenance is often included with an application for property settlement so that all financial issues are dealt with at once.
Spousal maintenance cannot be applied for where a domestic relationship exists.
If an agreement is reached between the parties, they can apply to the court for consent orders. This will make the agreement enforceable by the courts in case of dispute. Consent orders, once made, are final. A party must prove fraud, impracticality or other exceptional circumstances if they wish the consent orders to be set aside or varied.
If a party is not complying with the orders made, an application can be made to the court for enforcement. In this application, the party applying must set out exactly what the problem is. The court will then decide whether an order is needed to enforce the existing order.
A family law property settlement is an important process to go through after the breakdown of a marriage or domestic relationship. A property dispute can be settled by agreement between the parties or resolved by the court. Each case is unique and will be considered by the court according to its own circumstances. The court will not consider who is at fault in the breakdown of a relationship. Rather, it will be resolved on the basis of fairness and need.
Though the U.S. Supreme Court recently struck down portions of the federal Defense of Marriage Act (“DOMA”), state DOMAs were not affected by the ruling. This means that same sex couples cannot get legally married in states, such as Florida, that enacted a DOMA.
This also means that gay and lesbian couples cannot get divorced in many DOMA states and oftentimes do not have any legal remedy to separate. If the domestic partners did not adopt each other’s children, even if both partners had been considered the parents of the children, then child custody, visitation, and child support laws usually will not apply. Equitable distribution laws (laws related to division of marital assets and debts) do not apply, so separating property and liabilities can get real messy, real quick. Further, alimony and spousal maintenance laws do not apply, so a partner who spent years homemaking and taking care of children may suddenly become destitute. So what are separating same sex couples to do?
Domestic partners who are dissolving their relationship should seriously consider entering into a collaborative family law process.
Collaborative family law is a form of private dispute resolution that allows clients to enter into agreements and achieve results that could never be attained through a court process. Each client retains a separate attorney who advises and counsels the client and helps in the negotiating process. A neutral facilitator, who is a mental health professional or mediator, helps the clients focus on their interests, such as the welfare of clients’ children, continued relationships with each other’s family members, or financial stability. If there are substantial assets or debts or a business, a neutral accountant or financial planner will be brought in to educate the parties in finances, help fairly and cost-effectively divide property and liabilities, and, if requested, develop a budget for the clients’ future.
As you can see, collaborative family law is a holistic process that takes into account not only the legal, but also the emotional and financial needs of the clients.
The crux of collaborative family law is that the clients agree at the beginning that they will not seek to resolve their dispute through court battles, but rather they will come to a mutually agreeable settlement through this private process. The clients, and their attorneys, enter into a participation agreement which disqualifies the attorneys from representing the clients in any contested court action. This provides a safe space in collaborative meetings because each client knows that the other client’s attorney is not conducting opposition research and is committed solely to helping the clients reach a mutually acceptable agreement. This allows clients to feel more comfortable offering and listening to potential solutions.
In truth, the disqualification clause has much more of an effect on heterosexual couples who are getting divorced, rather than homosexual couples who are separating. This is because, as stated above, most DOMA state courts just do not have remedies that would properly address the clients’ concerns, and so attempts to fight it out in court will oftentimes be dismissed.
If you are experiencing a same sex separation, make sure to speak with an attorney who offers collaborative family law, and check to see whether the attorney has received collaborative law training that meets at least the minimum Basic Training standards of the International Academy of Collaborative Professionals.
If you have questions regarding a Tampa Bay collaborative family law process, or you want to learn more about your Florida family law rights, schedule a consultation with The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our contact form.
Adam B. Cordover currently serves as Research Chair of the Collaborative Family Law Council of Florida and Vice President of the Collaborative Divorce Institute of Tampa Bay. Adam successfully spearheaded an effort of the Thirteenth Judicial Circuit of Florida to draft an administrative order safeguarding the principles of collaborative family law (just the fourth such administrative order in Florida) and has completed over 40 hours of basic and advanced collaborative family law continuing legal education credit.
Civil partnerships were introduced in the UK in 2005, but legislation such as the Matrimonial Causes Act 1973 has historically prevented the marriage of same sex couples. In a bid to step closer to equality, the Coalition Government introduced the Marriage (Same Sex Couples) Bill (“the Bill”) which will legalise the civil and religious marriage of same sex couples. If the Bill receives Royal Assent it will undoubtedly mark an important milestone in the battle for equality. A number of YouGov surveys published between 2012 and 2013 reveal that although the precise figures vary, the majority of participants have confirmed their support of the legalisation of same sex marriage.
On overview of the area
While the majority of the British public appear to be in favour of same sex marriage, presumably many of us anticipated that making it legal would simply require the Government to extend the current legislation to include the gay community. However, some unanticipated difficulties have arisen during the drafting of the required new legislation.
One of the main causes of confusion that has arisen is that under the present drafting adultery will only be a ground for divorce if the adultery has taken place between the cheating spouse and a member of the opposite sex. In other words, if two men are married and one of them is unfaithful with another man, his husband will not be able to petition him for divorce on grounds his adultery. Instead, he will have to rely on grounds of unreasonable behaviour. If, however, his husband were to be unfaithful with a woman, the aggrieved husband could petition for divorce on grounds of adultery.
There has been concern that some couples will choose to wed to benefit from tax and other reasons disassociated from traditional factors such as love and children. Others argue that those who take this view are simply opponents of same sex marriage seeking to opportunistically discredit the viability of the Bill.
The Marriage (Same Sex Couples) Bill was not featured in the Queen’s Speech this year, but it continues to progress speedily through the House of Commons and is expected to reach the House of Lords in June. The Bill may be subject to amendment on its way to Royal Assent and once it becomes law certain aspects may be made subject to judicial interpretation (for example, notions of consummation and adultery seem particularly vulnerable to litigation given the unanticipated difficulties). Despite the technical difficulties faced by the legislators so far, the majority of the British public supports the right of same sex couples to marry and we are well on the way to making it legal, despite some bumps in the road.
For more information on same sex marriage of any area of family and matrimonial law contact Lisa Kemp