SEPARATION VS DIVORCE

 

Before you hire a lawyer call us!
1-866-755-3247

In order to end your marriage you need to have a separation agreement and file for divorce. People commonly start with the separation agreement and then once that is completed you can file for divorce.

If you have the desire to hire a lawyer but possess the common sense to look at alternatives to save money, time and the ability to co-parent; if you want to protect yourself and get what is rightly yours but you want to avoid a massively destructive fight then you have come to the right place.

Getting a divorce and figuring out the terms of your separation (Separation Agreement) are two very different parts of the process. A Separation Agreement will usually need to be completed prior to the divorce filing however if you do not have kids, have no assets/debts to divide, and there is no spousal support, the chances are you will not need a separation agreement and you can move directly to filing for divorce. To help explain this, let’s go into more detail about each one.

SEPARATION VS DIVORCE?

Before you hire a lawyer call us!
1-866-755-3247

In order to end your marriage you need to have a separation agreement and file for divorce. People commonly start with the separation agreement and then once that is completed you can file for divorce.

If you have the desire to hire a lawyer but possess the common sense to look at alternatives to save money, time and the ability to co-parent; if you want to protect yourself and get what is rightly yours but you want to avoid a massively destructive fight then you have come to the right place.

Getting a divorce and figuring out the terms of your separation (Separation Agreement) are two very different parts of the process. A Separation Agreement will usually need to be completed prior to the divorce filing however if you do not have kids, have no assets/debts to divide, and there is no spousal support, the chances are you will not need a separation agreement and you can move directly to filing for divorce. To help explain this, let’s go into more detail about each one.


SEPARATION AGREEMENT

A separation agreement is a legally binding, detailed agreement governed by Provincial laws that uncouples all of the financial connections between two people (Married or Common Law) in addition to clearly detailing the terms that the couple has agreed to in regards to the following areas:

SEPARATION AGREEMENT

A separation agreement is a legally binding, detailed agreement governed by Provincial laws that uncouples all of the financial connections between two people (Married or Common Law) in addition to clearly detailing the terms that the couple has agreed to in regards to the following areas:
  • Division of what you own and what you owe
  • Co-Parenting plans
  • Child support details
  • Spousal support arrangements
  • Division of what you own and what you owe
  • Co-Parenting plans
  • Child support details
  • Spousal support arrangements
Think of this as setting the terms for taking care of the business of your marriage. This agreement also sets out your parenting plans, custody, child support in the case you have children.

A clear and detailed Separation Agreement provides you a strong framework for the future. It will help you to avoid issues going forward and it gives you a Clean Break™ to move on with the rest of your life.

There are 2 main approaches to negotiating an agreement – Mediation/Negotiation alternatives using qualified professionals, and Traditional Litigation:

Think of this as setting the terms for taking care of the business of your marriage. This agreement also sets out your parenting plans, custody, child support in the case you have children.

A clear and detailed Separation Agreement provides you a strong framework for the future. It will help you to avoid issues going forward and it gives you a Clean Break™ to move on with the rest of your life.

There are 2 main approaches to negotiating an agreement – Mediation/Negotiation alternatives using qualified professionals, and Traditional Litigation:

Fairway Resolution Experts

Using the professional skills of a financial expert Mediator/Negotiator provides you and your spouse a neutral 3rd party who can help you get the information you need so you can be an empowered decision maker, and make informed decisions. This approach works well when you and your spouse have:

  • May have different ideas on what is the “right thing” to do.
  • Ideas on how to address issues regarding children but you are not aware of all the options.
  • Multiple assets or debt (or both).
  • May have some tension when it comes to communication and the issues
  • A desire to reduce the emotional and financial stress this will put on you and your family.
  • May not communicate well now and do not want to.
  • May not agree on what is best for the children.
The average cost for a separation using Mediation/Negotiation is approximately $3,000-$8,000 per person which saves you approximately 100% or more compared to the traditional legal process. The average time to complete the agreement is approximately 120 days after financial disclosure.

Traditional Law

The traditional legal process requires both of you to hire your own lawyer and begin to position your case. This results in a tug of war. You will have your lawyer, and your spouse has theirs. There tends to be a lot of conflict in this process  and you will have very little if no control of costs, process and times. This approach may be your only option if you and your spouse:

  • Have a severe personality disorder
  • Refuse to provide disclosure and can not be easily located
  • Are experiencing physical violence
  • When one person is out of the country
The average cost for an uncontested separation using Traditional Law is approximately $25,000 per person (for a contested separation, the cost can be significantly more) and can be greater than $100,000 and results in years of turmoil. The average time to complete the agreement for an uncontested separation is approximately 2-4 years.

Fairway Resolution Experts

Using the professional skills of a financial expert Mediator/Negotiator provides you and your spouse a neutral 3rd party who can help you get the information you need so you can be an empowered decision maker, and make informed decisions. This approach works well when you and your spouse have:

  • May have different ideas on what is the “right thing” to do.
  • Ideas on how to address issues regarding children but you are not aware of all the options.
  • Multiple assets or debt (or both).
  • May have some tension when it comes to communication and the issues
  • A desire to reduce the emotional and financial stress this will put on you and your family.
  • May not communicate well now and do not want to.
  • May not agree on what is best for the children.
The average cost for a separation using Mediation/Negotiation is approximately $3,000-$8,000 per person which saves you approximately 100% or more compared to the traditional legal process. The average time to complete the agreement is approximately 120 days after financial disclosure.

Traditional Law

The traditional legal process requires both of you to hire your own lawyer and begin to position your case. This results in a tug of war. You will have your lawyer, and your spouse has theirs. There tends to be a lot of conflict in this process  and you will have very little if no control of costs, process and times. This approach may be your only option if you and your spouse:

  • Have a severe personality disorder
  • Refuse to provide disclosure and can not be easily located
  • Are experiencing physical violence
  • When one person is out of the country
The average cost for an uncontested separation using Traditional Law is approximately $25,000 per person (for a contested separation, the cost can be significantly more) and can be greater than $100,000 and results in years of turmoil. The average time to complete the agreement for an uncontested separation is approximately 2-4 years.

DIVORCE

Fairway respects your time and your money. The average cost for a separation through Fairway is approximately $3,000 to $8,000 per person, which can be far less than half the cost of the traditional legal process.  Also, the average time to complete an agreement through Fairway, once financials are disclosed by both of you, is approximately 120 days which can be far less than a quarter of the time compared to the traditional legal process

DIVORCE

Fairway respects your time and your money. The average cost for a separation through Fairway is approximately $3,000 to $8,000 per person, which can be far less than half the cost of the traditional legal process.  Also, the average time to complete an agreement through Fairway, once financials are disclosed by both of you, is approximately 120 days which can be far less than a quarter of the time compared to the traditional legal process

Uncontested

 

Uncontested divorce occurs when one spouse files an application for divorce and the other spouse does not file an answer. This fundamentally states that on failing to file an answer, the spouse does agree with the divorce. In an uncontested divorce, the spouses agree on the terms of the divorce, which most often does not require the parties to go to court. For an uncontested divorce to be valid, the parties must have resolved all issues such as child custody and access, and child and spousal support through a separation agreement or court order. An application for divorce may be submitted before the courts one year after the separation date, or earlier if there are grounds for mental and physical cruelty, or when a signed affidavit admitting to adultery is filed (consult a lawyer first).

Uncontested divorces are generally faster and more efficient in terms of less stress and cost; whereas contested divorce is generally longer and more costly.

Usually once the terms of the divorce & separation agreement have been agreed upon most often this process is easy & without much cost or time. Usually it is simply waiting for the courts to process after you submit the paperwork.

A person can remarry as soon as a divorce judgement has been granted.

Fairway Divorce makes this step easy. We offer to take care of this for you at a very low cost.

Contested

 

A contested divorce occurs when the spouses disagree on some or all of the issues within the divorce. Most commonly, these disagreements include child and spousal support, division of the financial gains/loss accumulated during the marriage, and parenting schedules. Both parties then must set out their positions and views on the issues in dispute. Contested divorces may be settled a number of ways, for instance outside of court, using mediation/negotiation professionals, or through formal divorce procedures.

Uncontested divorces are generally faster and more efficient in terms of less stress and cost; whereas contested divorce is generally longer and more costly.

A person can remarry as soon as a divorce judgement has been granted.

Most often contested divorces are expensive and can result in years of fighting & high costs.

Uncontested

Uncontested divorce occurs when one spouse files an application for divorce and the other spouse does not file an answer. This fundamentally states that on failing to file an answer, the spouse does agree with the divorce. In an uncontested divorce, the spouses agree on the terms of the divorce, which most often does not require the parties to go to court. For an uncontested divorce to be valid, the parties must have resolved all issues such as child custody and access, and child and spousal support through a separation agreement or court order. An application for divorce may be submitted before the courts one year after the separation date, or earlier if there are grounds for mental and physical cruelty, or when a signed affidavit admitting to adultery is filed (consult a lawyer first).

Uncontested divorces are generally faster and more efficient in terms of less stress and cost; whereas contested divorce is generally longer and more costly.

Usually once the terms of the divorce & separation agreement have been agreed upon most often this process is easy & without much cost or time. Usually it is simply waiting for the courts to process after you submit the paperwork.

A person can remarry as soon as a divorce judgement has been granted.

Fairway Divorce makes this step easy. We offer to take care of this for you at a very low cost.

Contested

A contested divorce occurs when the spouses disagree on some or all of the issues within the divorce. Most commonly, these disagreements include child and spousal support, division of the financial gains/loss accumulated during the marriage, and parenting schedules. Both parties then must set out their positions and views on the issues in dispute. Contested divorces may be settled a number of ways, for instance outside of court, using mediation/negotiation professionals, or through formal divorce procedures.

Uncontested divorces are generally faster and more efficient in terms of less stress and cost; whereas contested divorce is generally longer and more costly.

A person can remarry as soon as a divorce judgement has been granted.

Most often contested divorces are expensive and can result in years of fighting & high costs.

Traditional System

  • LAWYER VS LAWYER
  • Adversarial position bargaining
  • Pitting each party against each other thereby increasing legal fees.
  • Using emotional distress and difficult life event to fuel rights
  • Expensive experts having to prepare for court battles
  • Affidavits filled with perception labeled as fact that you can never take back
 
 

Fairway’s System

  • Our Proprietary Fairway Process: Clients and Experts all focused on Resolution
  • NOT TRADITIONAL MEDIATION AT ALL
  • Empowering decision makers by ensuring each party moves through the process independently of each other
    So you can focus on your kids, career and moving on while we focus on driving the process
  • Outside experts ie business valuators, pension valuators and accountants held on task and focused on ensuring sounds decisions met
  • Ensures that one person cannot bully the other
  • Parties negotiate separately to ensure their personal best interests are m

Traditional System

  • LAWYER VS LAWYER
  • Adversarial position bargaining
  • Pitting each party against each other thereby increasing legal fees.
  • Using emotional distress and difficult life event to fuel rights
  • Expensive experts having to prepare for court battles
  • Affidavits filled with perception labeled as fact that you can never take back

Fairway’s System

  • Our Proprietary Fairway Process: Clients and Experts all focused on Resolution
  • NOT TRADITIONAL MEDIATION AT ALL
  • Empowering decision makers by ensuring each party moves through the process independently of each other
    So you can focus on your kids, career and moving on while we focus on driving the process
  • Outside experts ie business valuators, pension valuators and accountants held on task and focused on ensuring sounds decisions met
  • Ensures that one person cannot bully the other
  • Parties negotiate separately to ensure their personal best interests are m

WHAT DOES IT COST?

 

We usually charge you a flat fee or sometimes hourly is appropriate; which ever works for you. We base our flat fee on the complexity of your assets and the level of conflict. Our fee can range anywhere from a couple of thousand per person to over $10,000. We are committed to doing it right so that you are not left looking for another way to solve your issues.

We are not the cheapest alternative but when it comes to this life changing situation, you should not sacrifice quality experience or expertise in the short term as it will cost you in the long run!

Our process is less expensive than when you and your spouse hire lawyers. We will save you money and time because we drive the process and ensure that everyone is held on task and on time. You know where you are at and what the next steps will be so there are no surprises.

The average divorce in Canada takes 5 years and can cost each person thousands to hundreds of thousands. This does not include the cost associated with loss of income/career or emotional loss.

With Fairway we strive to have your file completed in 120 days from disclosure. We believe time is money.

WHAT DOES IT COST?

We usually charge you a flat fee or sometimes hourly is appropriate; which ever works for you. We base our flat fee on the complexity of your assets and the level of conflict. Our fee can range anywhere from a couple of thousand per person to over $10,000. We are committed to doing it right so that you are not left looking for another way to solve your issues.

We are not the cheapest alternative but when it comes to this life changing situation, you should not sacrifice quality experience or expertise in the short term as it will cost you in the long run!

Our process is less expensive than when you and your spouse hire lawyers. We will save you money and time because we drive the process and ensure that everyone is held on task and on time. You know where you are at and what the next steps will be so there are no surprises.

The average divorce in Canada takes 5 years and can cost each person thousands to hundreds of thousands. This does not include the cost associated with loss of income/career or emotional loss.

With Fairway we strive to have your file completed in 120 days from disclosure. We believe time is money.


PHONE

If you would like to speak to one of our Professionals right now, please phone the number below:

1-866-755-3247

Please note our hours of operation are 8:00am to 5:00pm Monday thru Friday.

BOOK A CONSULTATION
& CONTACT US






PHONE

If you would like to speak to one of our Professionals right now, please phone the number below:

1-866-755-3247

Please note our hours of operation are 8:00am to 5:00pm Monday thru Friday.

BOOK A CONSULTATION & CONTACT US