Divorce and Mediation

At Fairway Divorce Solutions®, we use a proprietary, step-by-step conflict resolution, Independently Negotiated Resolution™ (INR) model that is designed to take you and your spouse through a process that brings resolution in all areas of divorce in a less expensive and time consuming way. We know that every situation is different, whether it is straightforward, complex or high conflict, so we customize our approach to address your specific needs. We believe that the Fairway is a better way to approach divorce.

Divorce In Your Province Contact us

Mediation / Arbitration

Mediation

Mediation and other non-litigious ways of resolving conflict are quickly becoming the preferred method for families to resolve disputes and negotiate a settlement with concrete results. Traditionally, mediation was thought to only be successful for those who were amicable but Fairway’s proprietary, step-by-step, Independently Negotiated Resolution™ (INR) model is designed to bring resolution from simple to complex, friendly to conflicted. Our approach may include Lawyers, Accountants, Estate Planners and others who are kept on task and on target so that you and your family get the best possible outcome, preserving assets, relationships and protecting children.


Arbitration

Arbitration is a procedure in which the parties agree to refer a dispute to arbitration, and agree to be bound by the arbitration decision. A third party reviews the evidence in the case and imposes a decision this is legally binding on both sides and is enforceable in the courts. At Fairway, we prefer the Parties come to resolution without having to arbitrate but sometimes having a third qualified party make the decision (like a Judge) is the only option. The Fairway® Arbitrator will hear arguments, review evidence and render a decision. The parties agree beforehand to be bound by this decision.

Self Representing

Sometimes, unfortunately, you cannot get your spouse to the negotiating table. Self-representing in matrimonial issues is reasonably common. In fact, the number of people choosing to represent themselves is well above 50% in some provinces. There are several reasons for this movement, including:

  • They have lost faith in the traditional system of divorce resolution.
  • They cannot justify the legal costs and the destruction of their assets.
  • They feel they can represent themselves better than a lawyer can.
  • They feel litigation involving lawyers promotes the continuation of disputes and increases conflict.
  • They don’t trust the system will deliver a fair outcome.

A person who chooses to self-represent is basically acting on one’s own behalf before the court. If your spouse will not mediate and you are now choosing to go down the path of self-representation, there are ways Fairway can support you:

  • By providing assistance with gathering disclosure documents and financial proposal preparation
  • Fairway Self-representation workshop
For helpful guides on self-representing in your province, visit Divorce in Your Province.

Spousal & Child Support

Spousal support is often the most contentious and feared topic of all matrimonial negotiations. This area is complicated and the results can vary depending on negotiations and/or a Judges ruling. The outcome is likely going to be within the ranges set out by the Federal Support Guidelines. There are many ways to structure the payments including fixed, variable, lump sum, monthly, etc. an experienced negotiator will assist in resolving this matter so that both parties can move on feeling empowered and that the foundation is being laid for a secure future.

Child support is a monthly payment designed to provide financial support for the benefit of dependent children. Since it is considered the “right” of the child, any deviation from the guidelines is seldom warranted. The child support guidelines, and to some degree “Section 7’s”, are based on the payer’s income or the difference between the two parents income if there is equal residential care. If there is a dispute, it is usually in the determination of income and therefore our team of experts works with the parties to ensure accurate income numbers for purposes of calculating child support.

Child Support Calculator

Division of Property & Assets

Financial disputes are usually the main cause of long drawn out litigation and court battles. In divorce cases where financial assets and property have to be divided, we believe that it is crucial for the Independently Negotiated Resolution™ (INR) specialist (negotiator) to have financial expertise. Our step-by-step process ensures empowered decisions with regards to the value of all of the assets and division. Our job is not only to help you divide the pie but also to ensure that the way in which it is done will preserve your wealth, protect your assets and provide long term security.

We want your decision to stand the test of time. Given the complexity of many clients’ financial situations (business, trust accounts, options, SARS, shareholder agreements, real estate, family business, etc.) you can not afford to spend time feuding when your time can be better spent analyzing and making sound decisions.

Parenting / Custody

At Fairway we are passionate about protecting children. We believe that children can thrive and remain well balanced while moving through the process of divorce. Our negotiators work closely with you and your spouse to ensure that you have a parenting plan that satisfies all members of the family. Our Fairway Parenting Plans are very comprehensive and will provide you and your spouse a road map for raising well-adjusted, confident children.

Fairway also provides Parenting Coordination Services. Our team of Parenting Coordinators provides parents involved in high-conflict disputes the consistent, ongoing direction of a single qualified professionals using a less adversarial dispute resolution process.

When parents are faced with difficult parenting decisions or are unable to agree on co-parenting decisions, a coordinator can assist you in dealing with a variety of issues:

  • Parenting and Holiday Schedule
  • Selecting medical personnel or professional
  • Education
  • Choice of extra curricular activities
  • Section 7 (extraordinary) expenses
  • Religion

Divorce In Your Province

Divorce VS Separation

There are two components to ending a marital relationship: Separation and Divorce. People often combine these two components, but they are not one in the same.

A "separation" is when a couple decides to live apart due to a relationship break down. The couple may be married, or may not be married but living together like a common-law relationship.

A "divorce" is when a court legally ends a marriage. Only legally married couples can divorce. A common-law relationship does not require a divorce.

Federal and provincial governments are all responsible for Family Law, however they govern different rules.

Federal Law

Federal family law is called the Divorce Act. The Divorce Act only applies to married couples who have divorced or who have applied to be divorced.

The Divorce Act sets out rules regarding:

  • Grounds for a divorce
  • Child support
  • Spousal support
  • Custody and parenting arrangements for children

As the Divorce Act is a federal law, it applies across Canada. The process of getting a divorce falls under provincial law.

Provincial Laws

Provincial laws also have rules regarding child support, spousal support, and custody and parenting arrangements for children. However, these laws apply when an unmarried or married couple separates but does not apply for a legal divorce.

The laws of a province may be similar to the Divorce Act; however, there could also be important differences that can impact your rights. Therefore, it is important to be educated on divorce and separation in your province.

Some matters that fall under provincial law in both separation and divorce cases are:

  • The administration of justice, which includes:
    • Processing divorce applications
    • Decisions regarding child support, spousal support and child custody
  • Regulations regarding dividing shared property
  • Family justice services such as:
    • Mediation
    • Parenting after separation education

Find out more about Divorce and Separation in your province:

Calculating Costs

How much is your company losing each year when your employees divorce?

The Traditional Way Calculator

View Calculations

The FairWay Calculator

View Calculations

Facts and Stats

Current research and thinking from the world of economics and social sciences highlight a number of conclusions. The most important being:
  • Happily married employees increase profitability
  • Unhappily married employees decrease profitability
Marriage and divorce change dynamically over time
  • Employees are either succeeding in happy relationships or moving towards failing in unhappy relationships
Failing relationships cost companies money
  • Estimates of 6 billion is lost by American businesses due to decreased productivity stemming from marriage and relationship difficulties (Forthofer, Markham, Cox, Stanley & Kessler, 1996)
  • For an average employee making $20/hour, the projected cost of that employee divorcing is over $8,000
Marital problems often cost decreased productivity
  • Divorce can disrupt the productivity of the individual worker for as long as three years (Lavy, 2002)
  • In the year following divorce, employees can lose an average of over 168 hours of work time, equivalent to being absent four weeks
Divorcing employees often have serious health concerns
  • Stress related issues cost corporate American 300 Billion annually (Velasquez-Manoff, 2005)
  • Stress is a two way street between work and home
  • Depressed employees cost companies 44 billion annually (Stewart, Ricci, Chee, Hahn & Morganstein, 2003)
  • Higher Health care costs (increase insurance premiums)
  • Higher Tax liability
Divorce Judgement Granted Possible Appeal File Divorce Documents Judgement Trial Chambers Application Divorce Undertakings Examination for Discoveries Counter Affidavits Serve Affidavits Interim Applications Correspond Between Lawyers Receive Statement of Defense Serve Spouse File Court Documents Information Gathering Retainer
Legalized Comprehensive Parenting Plan Spousal/Child Support Plan Division of Assets Collection & Agree on Numbers Engage Parties for Win-Win

Traditional Way

Fairway

Thousands of
Dollars & Time

Divorce & Estate

Money is the source of most conflict and legal disputes. While temperatures may run high, a calm methodical approach to the resolution of the financial issues will yield the best results for all parties.

At Fairway Divorce Solutions®, our dispute resolution approach is one that addresses all the complexities of the financial picture. This step-by-step process is focused on resolution around division of assets while at the same time maximizing and protecting the assets/estate.

Some of the complex financial areas that our experts deal with are:

  • Trust Accounts
  • Businesses and Shareholder Agreements
  • Off Shore Investments
  • Complicated Tax Structures and Issues (holding companies, rollovers, etc.)
  • Real Estate Investments
  • Private Equity Investments
  • Succession Planning
  • Family Business
  • Business Valuations

Our boardroom approach can include lawyers, accountants, estate planners and others who are kept on task and on target so that you and your family get the best possible outcome in this difficult time. We are here to help you lay the foundation for independent futures that preserve your wealth and protect key relationships.

Division Proposals

Our CDFAs (Certified Divorce Financial Analysts) will work with you to identify, evaluate and propose financial division, spousal support and child support options. You will be equipped to negotiate from a place of knowledge and certainty giving you the confidence that the best outcome was achieved.

Litigation Support

Sometimes you cannot avoid fighting. If you have to engage with lawyers in a legal battle then you can at least keep your costs and vulnerability down by being meticulously prepared and having at least some minor control in the process. With our help you can put together your entire disclosure package and prepare financial offers and settlement proposals from a place of confidence and certainty. We will be the calm in your storm.

Life After Divorce Financial Planning

Once you have your half of the pie, it is crucial that you have a financial plan that will allow you to manage your assets to ensure a secure future. All too often, those who are compensated primarily by commissions are eager to grab hold of your assets and deploy them in the market. While proper diversification is appropriate, you need to be equipped with a well documented and thought out financial plan so that you know exactly what risk or lack of risk you can assume when investing. You must ruthlessly protect your financial future. Our qualified financial planners will ensure you have a comprehensive plan that will set out how to make your settlement work best for you with regards to income and investments. Since we do not manage your assets and invest them in the stock market, we have no incentive to steer you in any direction that is not in your best interest. We often see too many people (especially women) who end up losing too much of the their settlement due to bad investment advice. Our goal is to prevent that as much as possible.

We promise to - Reduce Time, Reduce Cost, Reduce Stress, Protect the children and relationships...