Family law overview

Question: My spouse and I separated and we have children; do we have to go to court?

Answer: No. Contrary to popular belief, most family law matters are resolved outside of court. The first step in such a situation is to retain a lawyer. 

They will contact your spouse and encourage them to retain one as well. Then your lawyer will collect financial information from you to determine how much child and spousal support will be paid, by whom, and how your marital property will be divided according to the law. They will exchange this information with your spouse’s lawyer and evaluate both your positions regarding finances and parenting. Once all parties understand the ideal situation, the lawyers will negotiate and draft a Separation Agreement that best reflects what you and your spouse want. 

Subsequently, you will both clarify what you need and on what you are willing to compromise. A favourable Separation Agreement will be a compromise between what you and your spouse want. The two of you will be neither ecstatic nor unhappy with it. Ultimately, it is imperative that this Agreement meets your needs. Clearly communicate your position to your lawyer to provide you with the best chance possible of ensuring your needs are met during the negotiation process. Once parenting arrangements have been made, then you can apply for a divorce.