When a couple separates or divorces, they need to make decisions on many issues including:
- Which spouse gets to stay in their shared home
- Children care, education and where they will live and with whom
- Financial support for spouses
- A fair division of all assets including money, property and other assets
It is advisable that the spouses discuss amongst themselves to come up with possible arrangements which are mutually agreed upon. If no agreement is reached on the issues, intervention may be needed from a mediator, arbitrator, lawyer or courts.
Separation agreement
Separation agreement lists down all the issues which are mutually agreed upon by the spouses. The agreement can be drafted for all issues which spouses have agreed upon, without the need to wait for their problems to be sorted out.
It is better if spouses opt for legal advice before signing the separation agreement to safeguard their rights and interests. The agreement has to be abided by both the spouses once its mutually agreed and signed.
Mediation
Mediation is a method of helping spouses identify their issues and assist them to work towards their mutually agreed solutions. Whenever spouses are not able to resolve their issues on their own, a mediator may be able to help in establishing communication between them.
Trained family mediators can help spouses to resolve issues regarding separation, parenting, divorce, support payments, a division of property and much more. They are third parties and neutral in nature.
Mediation is a process which can be used to resolve disputes before litigation is considered. Once an agreement is reached in the stage of mediation, it is advisable that you review it with your lawyer before signing the documents.
Arbitration
Arbitration is a process in which a neutral, third party helps the spouses discuss their issues. The arbitrator is empowered to take a decision in case spouses are unable to do so. Their decisions are legally valid, binding on both the parties and equivalent to a court order.
Spouses receive individual legal advice before they proceed with arbitration.
The arbitrator bases their decisions on Canadian Family Law only. They do not consider any religious, cultural or other factors. It is advisable to involve your family lawyer to study the arbitration agreement before it is signed.
Litigation
Going to court is a complex process and can be time-consuming. It can be expensive and also leaves all the proceedings in the public domain.
A temporary order can be requested if any spouse needs a decision on a matter before trial. A temporary order can also be requested if:
- Both spouses fail to agree on where the children will live right after separation
- Either of the spouses needs support immediately after separation
- One of the spouses is violent or abusive or has a history or being abusive
- One spouse has reason to believe that the other spouse may abduct their children
- One spouse is not allowing the other to meet their children
- There is a risk that one spouse may cheat and hide money or property or even give it away
Spouses can proceed with formulating a separation agreement even if litigation has already commenced.
How We Can Help
At Nanda & Associate Lawyers,our capable Family Law lawyers help in making effective representation in arbitration or commencing litigation. They understand your specific circumstances and provide tailored and customized solutions for each of them. Many legal complexities exist in understanding which settlement option should be chosen, and an experienced Family Law lawyer can help you to navigate better in those complex situations.
Our Mississauga Family Law Lawyers are available for a consultation. Come and experience our quality legal counsel and personalized care we give to each client.
