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Information

We can represent you in all aspects of family law, including

  • parenting plans
  • spousal and child support
  • financial and property division

Your case may proceed through court, or you may wish to negotiate a separation agreement outside of court. You may also want to try mediation at some point in the process. Every family situation is unique. If you are separated or are considering separating from your partner call us to discuss your legal rights and obligations, and the best way forward.

Preperation

SEPARATING

If you are considering separating from your partner, it is a good idea to contact us to discuss your legal rights and obligations. Consulting with a lawyer ahead of time or as soon as possible after separating could place you in a better legal position as you move forward with your separation and could save you time and money in the long run.

WHAT DOCUMENTS WILL I NEED?

In order to reach a fair financial settlement, parties need to exchange full and complete financial disclosure. If you cannot reach a negotiated settlement and you need to proceed to court, formal financial statements will need to be prepared and filed with the court. This financial statement provides a helpful check list of the information that must be exchanged. Below is a list of documents that you may need to gather and provide to your lawyer:

  • Income tax returns/Notices of Assessment for the last three years
  • Business financial statements (if you are self-employed)
  • An inventory of your household contents and vehicles with estimated values
  • Bank and credit card statements from the month that you separated
  • Marriage Certificate (if you will be getting divorced)
  • Any previous orders or agreements related to your case
  • Details of life insurance policies
  • Pension plan information
  • Details of property holdings including values and how the property is registered
  • Details of any RRSPs or other investments

CUSTODY, ACCESS AND SUPPORT

If you have children, one of the first considerations is to determine where the children will live, how much time they will spend with each parent, and who will provide financial support. These important decisions and circumstances early on in a separation can significantly impact long-term outcome. It is important to seek advice early on and remain focised on the best interests of the children. Mediationn and/or counselling are important considerations and can lead to positive results.

Mediation

In some cases, mediation can help to resolve some or all issues that separating parties face. Mediation is voluntary and consensual, and parties can attempt mediation at any time during the process of separation, even after a court case is already in progress.  Participating in “closed” mediation means negotiations are confidential. Communications and offers made during closed mediation cannot be used by the parties against each other in court or arbitration proceedings.

After mediation, the mediator will create a “mediation report,” outlining facts and what the parties agreed to. This is not a legally binding document but parties may choose to use the report to assist their lawyers in creating a separation agreement or in settling issues which are before the court. Although parties generally attend mediation without lawyers, it is advisable that they each retain a lawyer to provide them with independent legal advice and assistance in preparing documents and disclosure before, during and after the process of mediation.

Mediation has a number of benefits:

  • Unlike the court process, in mediation the parties maintain more control over the outcome
  • Less expensive than the court process
  • Privacy
  • Voluntary – the parties can leave at any time
  • Having a chance to speak directly to each other with the assistance of a neutral third party in a safe environment can lessen tensions and resolve conflicts
  • Learning better communication and problem solving skills, which is especially beneficial for separating parents
  • Information / Preperation
  • Mediation

Information

We can represent you in all aspects of family law, including

  • parenting plans
  • spousal and child support
  • financial and property division

Your case may proceed through court, or you may wish to negotiate a separation agreement outside of court. You may also want to try mediation at some point in the process. Every family situation is unique. If you are separated or are considering separating from your partner call us to discuss your legal rights and obligations, and the best way forward.

Preperation

SEPARATING

If you are considering separating from your partner, it is a good idea to contact us to discuss your legal rights and obligations. Consulting with a lawyer ahead of time or as soon as possible after separating could place you in a better legal position as you move forward with your separation and could save you time and money in the long run.

WHAT DOCUMENTS WILL I NEED?

In order to reach a fair financial settlement, parties need to exchange full and complete financial disclosure. If you cannot reach a negotiated settlement and you need to proceed to court, formal financial statements will need to be prepared and filed with the court. This financial statement provides a helpful check list of the information that must be exchanged. Below is a list of documents that you may need to gather and provide to your lawyer:

  • Income tax returns/Notices of Assessment for the last three years
  • Business financial statements (if you are self-employed)
  • An inventory of your household contents and vehicles with estimated values
  • Bank and credit card statements from the month that you separated
  • Marriage Certificate (if you will be getting divorced)
  • Any previous orders or agreements related to your case
  • Details of life insurance policies
  • Pension plan information
  • Details of property holdings including values and how the property is registered
  • Details of any RRSPs or other investments

CUSTODY, ACCESS AND SUPPORT

If you have children, one of the first considerations is to determine where the children will live, how much time they will spend with each parent, and who will provide financial support. These important decisions and circumstances early on in a separation can significantly impact long-term outcome. It is important to seek advice early on and remain focised on the best interests of the children. Mediationn and/or counselling are important considerations and can lead to positive results.

Mediation

In some cases, mediation can help to resolve some or all issues that separating parties face. Mediation is voluntary and consensual, and parties can attempt mediation at any time during the process of separation, even after a court case is already in progress.  Participating in “closed” mediation means negotiations are confidential. Communications and offers made during closed mediation cannot be used by the parties against each other in court or arbitration proceedings.

After mediation, the mediator will create a “mediation report,” outlining facts and what the parties agreed to. This is not a legally binding document but parties may choose to use the report to assist their lawyers in creating a separation agreement or in settling issues which are before the court. Although parties generally attend mediation without lawyers, it is advisable that they each retain a lawyer to provide them with independent legal advice and assistance in preparing documents and disclosure before, during and after the process of mediation.

Mediation has a number of benefits:

  • Unlike the court process, in mediation the parties maintain more control over the outcome
  • Less expensive than the court process
  • Privacy
  • Voluntary – the parties can leave at any time
  • Having a chance to speak directly to each other with the assistance of a neutral third party in a safe environment can lessen tensions and resolve conflicts
  • Learning better communication and problem solving skills, which is especially beneficial for separating parents

Our Services

  • Real Estate
  • Family Law
  • Civil Litigation
  • Employment
  • Wills
  • Corporate
  • Construction
  • Municipal

Parry Sound Office

88 James St.
P2A 1T9
t: 705.746.8852
f: 705.746.6188

Burks Falls Office

178 Ontario St.
P0A 1C0
t: 705.382.3730
f: 705.382.2809

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