Settlements

12 08, 2016

The Rules of Disengagement

Dealing with family breakdown can be like trying to put Europe back together after WWII. To ensure that getting your order for divorce, property division, parenting arrangements and/or support costs you less than the treaty-making process after a world war, turn to family and friends, counsellors, and spiritual advisers, and most of all turn inward [...]

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

Will we share the children 50-50?

Upon or even before separation, parents should reach agreements regarding future parenting arrangements. Usually, a shared parenting arrangement is in the best interests of the child. With respect to parenting time and parenting responsibilities (also referred to as “custody, guardianship and access”), our two Acts are almost identical. Section 16(8) of the Divorce Act states [...]

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; [...]