HOW DO I START?

Separation or Divorce?


HOW DO I START – SEPARATION OR 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 would 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.

WHERE DO I START – SEPARATION OR DIVORCE?


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.

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

Getting a divorce and figuring out the terms of your separation (Separation Agreement) are two very different parts of the process. A Separation Agreement would 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 to get the information you need to know, so you can be an empowered decision maker, facilitate conversations so that informed decisions are being made and fair solutions are found to meet both individual’s needs. This approach works well when you and your spouse 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).
  • Some tension when it comes to communication.
  • A desire to reduce the emotional and financial stress this will put on you and your family.
  • Have very different points of view on how decisions should be made.
  • Do not agree on how to handle your assets or debts.
  • Do not communicate well now and do not want to.
  • Have little or no knowledge of the law.
  • Do not agree on what is best for the children.

The average cost for a separation using Mediation/Negotiation is approximately $5,000-$8,000 per person which saves you approximately 50%-60% 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:

  • When you cannot get access to bank accounts or money
  • When there is violence/abuse
  • 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 upwards of $100,000. The average time to complete the agreement for an uncontested separation is approximately 2-4 years.

Fairway’s Resolution Experts

Using the skills of a financial expert professional Mediator/Negotiator provides you and your spouse a neutral 3rd party who can help you to get the information you need to know, so you can be an empowered decision maker, facilitate conversations so that informed decisions are being made and fair solutions are found to meet both individual’s needs. This approach works well when you and your spouse 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).
  • Some tension when it comes to communication.
  • A desire to reduce the emotional and financial stress this will put on you and your family.
  • Have very different points of view on how decisions should be made.
  • Do not agree on how to handle your assets or debts.
  • Do not communicate well now and do not want to.
  • Have little or no knowledge of the law.
  • Do not agree on what is best for the children.

The average cost for a separation using Mediation/Negotiation is approximately $5,000-$8,000 per person which saves you approximately 50%-60% compared to the traditional legal process. The average time to complete the agreement is approximately 120 days after financial disclosure.

Traditional Law

The traditional law process requires both of you to hire your own lawyer and begin to position ___ resulting in a tug of war. You will have your advocate, 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. This approach may be your only option if you and your spouse:

  • When you cannot get access to bank accounts or money
  • When there is violence/abuse
  • 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 upwards of $100,000. The average time to complete the agreement for an uncontested separation is approximately 2-4 years.


DIVORCE


A divorce is the legal ending of your marriage; it is governed by Federal law and must be approved by the court. There are two types of divorce: Uncontested & Contested.

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.

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 law offices offer uncontested divorces for  $1,200-$2,500. For a contested divorce, it will be significantly more.

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.

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 law offices offer uncontested divorces for  $1,200-$2,500. For a contested divorce, it will be significantly more.


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

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