Mediation

15 08, 2016

How Much Will It Cost?

This is a question most lawyers get asked frequently. There are different approaches to billing for legal services including: hourly fees; flat fees; contingency; and value-added fees. The most common form of billing is hourly fees, which is the approach our firm takes. Hourly fees for various services are clearly set out in your retainer [...]

9 06, 2016

What documents need to be provided?

Rule 5-1 of the Supreme Court Family Rules provides the framework for financial disclosure. When support is in issue, one or both parties must complete a Form 8 financial statement and provide copies of the required income documents, including (for the past three years): personal income tax returns; personal notices of assessment or reassessment; if the person [...]

9 06, 2016

How do I get a settlement?

If both parties want a settlement without a judge deciding for them, they must find a way to agree. First, it is helpful to know exactly what issues are agreed and which are not. For example, the parties may agree to share parenting on a week-on week-off basis, but they do not agree on the [...]

9 06, 2016

Do I have to go to court?

There are alternatives to going to court. Negotiation, mediation, arbitration and/or a collaborative law approach can enable the couple to resolve their separation or divorce issues without stepping foot in court. Ultimately you will need to apply to court for a divorce even if you settle all other issues by agreement (“all other issues” means [...]

9 06, 2016

Is family property and debt divided equally?

Either spouse may ask the court to “reapportion” one or more assets into his or her favour, for example, from 50-50% to 75-25%. On such application, the court will consider whether 50-50% would be “significantly unfair” in consideration of the s. 95(2) factors: (a) the length of the relationship; (b) the terms of any agreement; [...]

9 06, 2016

What is family property and debt?

“Family property” is all property that is owned by (or a beneficial interest in it is held by) at least one spouse on the date of separation, unless the property falls within the definition of “excluded property” (set out below). Family property includes property acquired after separation if it is derived from property that is family property. Section 84(2) of the FLA details certain [...]