One hour with a Certified Divorce Financial Analyst.
Whether you are just beginning to explore separation from your spouse or you’ve begun the divorce process but feel a bit stuck, your divorce financial expert can help you or your spouse (or both of you!) with any of the following:
- Make recommendations for dividing your property fairly
- Understand short- and long-term financial implications of different settlement scenarios
- Analyze potential tax exposure
- Calculate child and spousal support and run different scenarios that take into account changing circumstances
- Help you prepare court required financial disclosure paperwork (especially if you feel overwhelmed or confused)
- Identify and/or value each asset (eg retirement accounts, stock options) so you understand it’s worth and the “marital” (i.e. joint) component of it.
- Explore creative win-win scenarios for asset division
- Resolve financial disputes between spouses
- Think through child related expenses and financial support for adult kids
- Figure out a post-divorce budget
CDFA’s are truly the best kept secret in divorce. There are loads of ways to save on taxes, maximize your financial settlement and give you peace of mind knowing that you made smart decisions toward your future. You’re already splitting hard earned assets and income — let’s not make it worse by spending $1000s on a legal battle or paying unnecessary taxes.
If you’re asking yourself any of these questions, a divorce financial expert might be the exact professional you need to help you achieve a win-win settlement:
- How can we divide our property fairly without splitting everything down the middle?
- Can I afford to keep the house and still pay my bills?
- Does it make sense to “buy out” (pre pay) spousal support?
- How much child support will I have to pay (or receive?)
- What is my pension worth?
- How can I get my spouse to agree to settlement terms?
- Who can help us work out an agreement without involving lawyers?
- Is there a way to avoid having to prepare and file an expensive QDRO?
TERMS & CONDITIONS GOVERNING HOURLY DIVORCE FINANCIAL SERVICES
Congratulations on your Hello Divorce purchase! You have taken an important step in controlling your life and your divorce. This agreement outlines the terms and conditions of your purchase.
By purchasing this product after reviewing this Agreement, you (i) accept this Agreement and agree to be bound by its terms and (ii) represent and warrant that you are 18 years of age or older and legally competent to agree to this Agreement. Failure to meet these conditions removes any and all warranties associated with the purchase. By your acceptance, a binding contract is formed between Hello Divorce and you in accordance with the terms and conditions of this Agreement.
Divorce financial planning is a tool that can be used by one or both spouses (together) to analyze financial issues pertaining to your divorce and assist in the negotiation of your divorce agreement. Your Divorce Financial Planner is a Certified Divorce Financial Analyst (CDFA). You can work with your CDFA before, during or after your divorce. You may choose to work on your own with a CDFA or, if you and your spouse are purchasing this service together, you are agreeing to participate in “mediation” wherein your CDFA will act as a “neutral” and help facilitate financial agreements in a cooperative and non-adversarial way. Your CDFA services will only feel successful if (1) you agree to be transparent with information and financials; and (2) you agree to act in good faith and with a constructive attitude. If your CDFA is acting as a mediator, we acknowledge that there may be some conflict between you and your spouse. That’s inevitable. However, you must agree to treat each other with respect and work to keep the process productive and moving forward.
First things first:
You can choose to participate in divorce financial planning with or without your spouse. To the extent you choose to work directly with your spouse, your CDFA will provide mediation services as a neutral third party. We do not represent either of you or provide legal advice. If you would like a consulting lawyer to review your agreement prior to submitting to the court for filing, you are welcomed to do so. (Although, this is not mandatory).
A CDFA’s role is to either work with you directly or to work with both you and your spouse as a neural facilitator (i.e. mediator). You will need to choose which option you prefer before we connect you to your CDFA. Your CDFA can help in a variety of ways but is limited by the time and/or product that you purchase (see below). Your CDFA’s role is broad as they can help you with many issues pertaining to your divorce. However, they will work with you to determine your priorities. Some of the issues you may want to have your CDFA help you with are as follows:
- Review assets, debts, income and expenses;
- Help prepare or review court required financial disclosures;
- Provide financial consulting regarding proposed settlement options;
- Identifying and estimating value of marital and/or separate property including retirement accounts and stock options;
- Propose various options for child and spousal support;
- Make recommendations for division of property and debts;
- Understand short and long term financial implications of different settlement scenarios
- Explore creative “win-win” settlement options;
- Resolve financial disputes between spouses
- Think through child related expenses and develop a plan; and
- Figure out a post-divorce/separation budget.
Should either or both of you violate any of the terms in this agreement, Hello Divorce may withdraw services as detailed below.
- You agree to participate voluntarily. If you want to end the relationship with your CDFA at any time, you may do so.
- If you elect to have your financial planner work with both you and your spouse as a “neutral” (i.e. mediator), the following terms apply:
- You acknowledge you have the right to withdraw from mediation at any time for any reason whatsoever (although, we hope that you don’t!).
- You agree that during the course of your separation, and divorce, you will maintain the status quo regarding property, debts and payment of daily expenses. Neither party will take any unilateral action to threaten the others personal or financial interests.
- You agree not to litigate and/or participate in any legal actions preceding litigation (e.g., discovery, preparation and service of a legal document, etc.) during mediation. This does not limit your ability to consult with an independent lawyer.
- You agree to disclose all facts, documents, etc. that are relevant to mediation. You will disclose all property that you have an interest or obligation in – and your income.
- If the mediator determines that an outside expert is necessary to help facilitate an agreement (e.g., co-parenting counselor) or value property (e.g., accountants, appraisers, etc.), you will have the option to retain a mutually agreeable expert in said field AND pay for any costs incurred by consulting expert services.
- You agree to be respectful to your spouse, the mediator and all Hello Divorce staff. You will not threaten, harass, overpower, abuse, intimidate or repeatedly interrupt during and outside the mediation process.
- You will participate only if confident that your spouse is being candid with information and basically trustworthy.
- You agree to be productive and not unreasonably waste the time of any participant. This includes promptly responding to all communications, scheduling as requested and providing feedback and/or responses to requests from the mediator.
If any or all of the above requirements are violated, Hello Divorce reserves the right to terminate this agreement.
The legal “stuff:”
- Oral agreements are tentative and non-binding. For the agreement to potentially become binding, it must be in written form and signed by both of you. The agreement will become legally binding only once formalized by court order.
- You are aware that divorce is a legal proceeding. That being said, you agree to ‘opt out’ of the traditional legal system to the extent possible and instead, choose an amicable path to dissolve your marriage. You recognize that if you were to go to court, your result could be very different.
- We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions or apply the law to the facts of your situation. If you need legal advice for a specific problem, you may purchase “legal advice” through Hello Divorce and/or consult with a licensed attorney in your jurisdiction. Hello Divorce products and services (including the one you are purchasing) are not a substitute for legal advice from a qualified attorney. As we are not a law firm, your communications with Hello Divorce may not be protected as privileged communications.
- If you do choose to work with an attorney or other expert during the divorce process, it is encouraged that you choose a professional who is familiar with an amicable process and supports your choice to participate in it.
- You have the right to rescind this contract within 24 hours of purchase. If you wish to cancel, please email firstname.lastname@example.org within 24 hours of purchase and we will immediately refund your payment. Assuming you have not canceled the contract by email, you waive any right to receive any portion of a refund unless Hello Divorce terminates the services. If you have not yet paid the fee in full, installment payments will continue until the entire fee has been satisfied.
- We do not provide any tax advice. We are not qualified to and will not render any tax advice. You will not rely on these services to provide legal, tax or investment advice.
- Confidentiality: Absent a court order by a competent jurisdiction, your CDFA will not reveal to any third parties any of the information, correspondence, notes, memorandum and/ or documents provided by you and/or prepared by CDFA at your direction without your express verbal or written consent. However, if you are participating in mediation, you waive the right to confidentiality as it pertains to your spouse and authorize the mediator to share all communications with your spouse. If you are participating in mediation, both spouses must consent in writing before any information, correspondence, notes, memorandum and/or documents in connection with your divorce are disclosed to a third party(ies). Confidentiality exception for spouses that are mediating: Communications (including notes and documents) made in the course of mediation are inadmissible as evidence in later litigation. However, if participants reach a binding agreement through mediation, and there is a later dispute about interpretation of the agreement, or allegations of mistake, undue influence, or fraud, such communications may be admissible in evidence. You understand that information disclosed in mediation may be useful to the other participant(s) in litigation, even if not admitted into evidence, and you are advised to review the legal, financial and practical effects of relevant sections of the Evidence Code with a lawyer of your own choosing. You also agree that the mediator and/or other employees and contractors of Hello Divorce will not be called as a witness by participants in any legal proceeding. If a participant attempts to call a mediator as a witness, the participant will pay for all resulting expenses and other costs incurred by the mediator, including the mediator’s hourly fees and the mediator’s attorney(s)’ fees, and any costs.
Services & Fees:
- You agree to pay a fixed fee for services. If not paid, Hello Divorce has no obligation to provide any services. Court fees and other occasional fees such as notary fees are not included and invoiced separately.
- Your CDFA services end when the product or service you purchased has been provided.
- If you purchased access to a CDFA for a specific period of time (e.g. 1 hour), all activities your CDFA spends on your matter are billed against the time purchased. Activities include but are not limited to:
- Preparing, analyzing, reviewing and revising correspondence, reports and documents;
- Data gathering and factual research;
- Written and/or verbal consultation and advice including emails, Zoom sessions and/or phone calls;
- Conference with you or your other advisors;
- Reviewing, revising and/or preparing paperwork;
- Preparation and revision of memorandum and/or agreements; and
- Time necessary to prepare for sessions.
- If at any point we determine for any reason that we cannot continue to offer you services, we may terminate your subscription. In the event of termination, we will notify you in writing of our decision to terminate the package; we will also provide a refund of any fee paid for a period of time in which you did not receive services or a pro rata refund based upon the services you received. If we determine that the entirety of the package fee has been earned and that no refund is due, we shall notify you of this determination and the basis therefore in writing. Any determination of refund and payment thereof shall be made to you within 30 days of the effective date of termination.
- Communications made by your CDFA should not be construed as a guarantee or promise about the outcome of your matter or any phrase thereof. Comments about the course or outcome of your matter or any phrase thereof that may be made from time to time are expressions of opinion only.
- Any dispute regarding services provided shall be resolved first by negotiation; if negotiation is not successful, you agree to discuss in good faith the subject of your dispute with us before resorting to arbitration, litigation, or any other dispute resolution procedure. Any legal proceeding of any kind concerning this agreement and/or the services performed, whether in court or in arbitration, shall be brought in Alameda County, California and construed in accordance with the substantive laws of the State of California.
We look forward to assisting you peacefully transition out of your marital relationship and into your next chapter.
By purchasing this product, you understand and accept this Agreement and the terms and conditions therein.