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- When am I legally separated?
- Do I need a legal agreement after separation?
- Are the rules for common law relationships the same as married couples?
- Should children be heard in the separation process?
- How long does mediation take?
- How much does mediation cost?
- Can I become legally separated and divorced through mediation or collaborative divorce?
- Is mediation or collaborative divorce a better choice if we have children?
- Can we still do mediation or collaborative divorce if we already agree on many of the issues?
- Do I need a lawyer for mediation?
- Are there situations where mediation is inappropriate?
- What if I am not as assertive as my spouse?
- Can we use mediation for smaller disputes about our existing court order, separation agreement, or divorce judgment?
When am I legally separated?
For married and common law couples, separation occurs when one person decides to leave the relationship. Legal documents are not required to confirm that separation has happened; however, there are legal issues related to the relationship that should eventually be addressed and finalized. Top
Do I need a legal agreement after separation?
Once you know that reconciliation is not an option you should take steps to tidy up the loose ends. Most people are able to resolve all issues through mediation or negotiation. All agreements related to issues from the relationship (ie. property ownership, financial support, parenting plans, and estate interests) are then put together in a legal contract called a separation agreement. Whether you have made all the decisions on your own or still require some help from a lawyer or mediator, it is important that the legal issues are properly covered through legal documents.
If you and your former partner are not able to agree on the terms of the separation agreement, a court can decide the issues for you. Top
Are the rules for common law relationships the same as married couples?
The law related to property division is different for common law relationships compared to married couples. For common law relationships, issues related to property division and support may still exist; however, each case will be considered based on the specific facts. There is no distinction between common law and married couples when considering child support and custody matters. Top
Should children be heard in the separation process?
Yes. Family experts are increasingly focusing on what we call the 'child's voice'. Research tells us that a large majority of school-age children and adolescents want to be heard and their needs and opinions considered when important decisions are being made about their lives. Most school-aged children and adolescents understand the difference between making a 'decision' about custody or access disputes and 'expressing their views' on matters such as their living arrangements. It is possible that your mediator may request permission to interview your children. If you are participating in the collaborative divorce process, it is possible that a child specialist will meet with your children and assist in developing a parenting plan. Top
How long does mediation take?
Mediation process can be scheduled to meet your timelines. Each session typically lasts 2-3 hours and sessions normally occur every few weeks. The number of sessions required to complete the matter will depend on the complexity of issues. Where matters are straight forward and parenting is not in dispute, agreement is often reached in 3-4 sessions. When work needs to be done to develop an appropriate parenting plan, the process usually requires an additional 2-3 sessions. Top
How much does mediation cost?
Mediation costs are billed based on the amount of time it takes to resolve all issues and prepare documents. Our mediators charge an hourly rate of $250, plus tax and disbursements. We find that couples with simple issues relating only to property division and support often finish work within a cost range of $3,000 - $5, 000. Where parenting plans need work, the price range is generally $5,000 - $8,000. Clients are required to pay a retainer, as determined by the mediator, an amount up front before the work begins. Top
Can I become legally separated and divorced through mediation or collaborative divorce?
Yes. Most couples are able to agree on all issues during mediation such as division of assets, allocation of debts, financial support for a spouse or children, and parenting arrangements. The mediator is able to formalize the agreements in the required legal format, which may include a separation agreement or divorce documents. If you participate in the collaborative divorce process, the lawyers work together to finalize all legal documents. Top
Is mediation or collaborative divorce a better choice if I have children?
Yes. Both mediation and collaborative divorce help to reduce conflict between parents and keep the children's needs at the forefront of all decision making. Both processes help parents improve their communication and decision making skills related to the children. Stress and tension in the children's homes is also greatly reduced because of the non-adversarial approach used in both processes. Both models also encourage thoughtful planning on issues related to the children in a way that is 'custom fit' to the children's emotional and developmental needs. Top
Can we still do mediation or collaborative divorce if we already agree on many of the issues?
Yes. It is common that people who chose mediation have already discussed many issues and may have reached agreement on certain points. The mediator or collaborative lawyer will review those issues to ensure that all legal issues have been addressed. Starting the process with some issues already resolved is a positive first step to good results. Top
Do I need a lawyer for mediation?
The mediator is not 'your lawyer' and cannot provide you legal advice. Nothing can substitute receiving legal advice from your own lawyer. Because our mediators are also experienced lawyers, legal information may be provided; however, you are encouraged to seek your own independent legal advice outside of the mediation process. Exactly when and the extent to which you use an outside lawyer is a decision you must make. At a minimum, it is recommended that you hire a lawyer to review the separation agreement before signing. Independent legal advice can be waived; however, you should carefully consider the risks to this choice. Top
Are there situations where mediation is inappropriate?
Yes. In some cases where there is a presence of serious personality disorders, serious mental illness, or a history of violence during the relationship or following separation, the mediator may refuse to take the case. Prior to beginning the file, the mediator may conduct a risk assessment. For example, when one spouse poses a real risk of physical or emotional danger to the other, or is unwilling to participate in good faith, the mediator may decline to offer this type of service. A history of violence in the relationship will not automatically rule out mediation. Empirical research indicates that mediation has certain advantages compared to the adversarial process for victims of physical or emotional abuse. Top
What if I am not as assertive as my spouse?
It is the mediator's responsibility to create and maintain a safe environment where each person is comfortable identifying the issues and expressing concerns and opinions. The mediator will pay attention to differences between the parties such as education, cultural background, and life experience. It may also be appropriate to use a Specialist Advisor to assist with communication issues during the mediation. Top
Can we use mediation for smaller disputes about our existing court order, separation agreement, or divorce judgment?
Yes. Any parenting or support issue can be taken to mediation, so long as both people agree. Mediation is especially helpful to families where circumstances have significantly changed since the last decision was made and can help avoid going back to court. Top
Please contact us for more information or any questions you may have.
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