Do I have to get along with my spouse in order to benefit from Fairway Divorce services?
No, the step-by-step Fairway Divorce Process is designed to work with each spouse to ensure that emotions, are not the focus. While there may be some steps that are better handled together, your Senior Negotiator / Divorce Mediator is trained to mediate amicable and non-amicable situations to ensure that your needs are met in coming to resolution. Our process is designed to help bring resolution, regardless of he conflict.
Do I need a Lawyer?
While you do not need to have a lawyer to get divorced in Canada, we recommend that each party receives independent legal advice before finalizing the settlement agreement. Fairway works strategically with lawyers and legal shields that can help you with this.
I’ve already started my divorce with a lawyer. Is it too late to switch over to the Fairway Divorce Solutions?
It is never too late. Fairway Divorce Solutions has a number of couples who are frustrated with the cost and emotional strain of using the traditional divorce system. The Fairway Divorce Solutions team advises divorcing couples to research and understand divorce options and choose a process that is designated to meet the needs of both parties and their children.
What is a legal separation agreement?
A separation agreement is a legally binding contract between spouses (married or common-law) or ex-spouses setting out the terms of their relationship after separation (or the decision to separate). This agreement often deals with how property (and debts) will be divided between the spouses, spousal support, child support, child custody and other issues. Further details on Separation Agreements found here.
What is a legal divorce?
A divorce is a method of terminating a marriage contract between two individuals; your divorce will give each of you the legal right to marry someone else.
Can I buy a house?
It is wise to avoid making any major purchases during the divorce. Further, until the divorce judgment is granted, any property purchased may be subjected to a claim by your spouse, even if it is purchased in your sole name after your separation (depending on your jurisdiction).
What property gets divided?
Property is divided based on the laws in your jurisdiction. The laws will address what is considered matrimonial assets and what is exempt. Much debate and legal fees can be spent arguing these non black and white issues, so things to consider are:
- Personal Injury Settlements
What if we have a separation agreement already, how do we make the divorce final?
Part of Fairway’s strategic start to finish process includes the filing of divorce documents. Fairway has a strategic alliance with Reliable Divorce, which can help you file your divorce papers.
I want to see my kids 50% of the time? How can I make sure this happens?
In Canada, the majority of parents have joint child custody. Many parenting plans / agreements refer to the amount of time with each parent as “residential care”. The best way to achieve a plan with the kids is through mediation, as it allows a collaborative approach, which is in everyone’s best interest. It is preferable to avoid percentages of time when coming up with a plan. Stay focused on what’s in the best interest of all parties considering work, kids etc. The last resort is to leave your family’s plan in the hands of the courts.