Category: Blog
Goal Based Negotiations vs. Interest Based Negotiations
One of the main differences between Mediation and Litigation are the ways the negotiations are organized and processed. In litigation, legal council usually uses what I call interest-based negotiations. They are looking out for their client’s best interests which is their role, however it can lead to the parties developing a higher level of conflict [...]
Importance of financial disclosure when creating your Separation Agreement
One of the biggest and sometimes toughest discussions when going through the mediation process is around property division. It is crucial that prior to these discussions that spouses provide one another with full financial disclosure. What this means is looking at the value of assets and liabilities as of date of marriage and as of [...]
Spousal Support – Entitlement and Objectives
Spousal Support, also known to many as Alimony is a topic that has many misconceptions surrounding it. Spousal Support is not something that is automatically awarded to a married spouse or common law partner. There are stipulations put in place as to when someone would be entitled to it. Spousal support conversations, in our personal [...]
Difference between being Separated and being Divorced
Simply speaking, being divorced means that the court officially ended your marriage. This means that you may marry again if you wish. Only legally married couples can divorce. Being separated means you have made the decision to live apart from one another (sometimes within the same home) because the relationship has broken down. Both [...]
Co-Parenting after Separation and Divorce
Many mental health professionals agree that the quality of the relationships that children have with both of their parents has a great impact on their mental and emotional well-being, self worth and incidence of anxiety and depression. We can appreciate that co-parenting after separation and divorce isn’t always easy, it can be challenging to say [...]
Why a Separation Agreement is Important
Reasons why you need a Separation Agreement Many people misunderstand the difference between a separation and a divorce. A divorce is when your marriage has formally ended. A separation is when you are still legally married but have chosen to live separate and apart. Most of our clients come to us when they are [...]
Pension Plans in Divorce
A common question asked by individuals going through a divorce reads, “Are pensions included in a divorce?” The simple answer to this question is, yes. In Ontario, every financial asset and possession that holds increased value throughout a marriage is evenly divided when going through a divorce; therefore, all pensions must be included within a [...]
Intricacies of Separation Agreements in Light of Criminal Law
When we think about separation agreements, the immediate association is with family law, negotiations, and mutual settlements. These agreements often symbolize the end of a personal relationship and the beginning of a new chapter for both parties. However, what is often overlooked is the subtle yet significant interplay between separation agreements and criminal law. The [...]
Family law is constantly evolving to promote positive co-parenting relationships.
The 2020 updates to the Divorce Act strongly favour the best interest of children along with promoting a healthy and low conflict co-parenting relationship. The changes in terminology help create a healthier environment for families going through a separation by removing combative language from co-parenting conversations. "Promoting the best interests of the child" [...]
Be Successful in Mediation
The goals of family mediation for a lot of people is to save themselves time, anxiety and money. We have listed some principles to follow when going through the mediation process: Mediation is voluntary. Evaluate yourself to ensure you are well enough to go through this process - both mentally and physically. Have an open [...]
