Frequently Asked Questions
At Fairway, we understand that facing a divorce is daunting and comes with mixed emotions and a ton of questions. We are committed to ensuring that you have the knowledge and tools to move through the process in a way that protects your assets and your children.
Find the answers to some pressing questions and for those not answered, we welcome you to contact us.
No, the step-by-step Fairway Process, we call Independently Negotiated Resolution TM (INR) was designed to work with each spouse separately to ensure that emotions, amicable or not, do not interfere with sound decision making. We take you and your spouse through a process that allows you to make decisions independently while bringing you both to a fair resolution around the division of assets and parenting. Thousands of couples have achieved resolution, for both amicable and highly conflicted situations.
Fairway Divorce Solutions charges a structured fee plan based on the complexity of your financial situation, your parenting issues and conflict. We offer a free introductory session so that our resolution experts/ mediators can assess your situation and discuss the most appropriate fee structure. We are committed to reducing your cost and time so that you can move on with your life. Matrimonial lawyers charge by the hour and make more money by taking more time and creating more conflict.
Fairway Divorce Solutions has an in house legal team that drafts your separation agreement and can file for divorce. Also, our matrimonial lawyers educate divorcing couples during the What is the LawTM Seminar and provide an objective and without prejudice overview of your agreement. In Canada, your agreement is more likely to stand up in court if challenged if you received independent legal advice with regards to your separation agreement and terms.
Independent Legal Advice refers to getting advice from a lawyer about your situation. It can include advice on a specific issue as well as reviewing the terms of your separation agreement. Getting Legal Advice from a Lawyer will help ensure your contract holds up if ever challenged, and may put your mind at ease. It is good to have your terms reviewed and discussed with a lawyer.
Fairway Divorce Solution has worked with couples throughout Canada and parts of the United States. If one or both parties are unable to meet in person, they are engaged by telephone from beginning to end. No step is missed, and no one person goes uninformed. Fairway has offices in most provinces.
The Fairway Process is designed to work with both parties to bring resolution on all issues including parenting, division of assets, spousal and child support. If one party refuses to use our alternative dispute resolution company, we can still help. You can hire Fairway Divorce Solutions to guide you through self-representing so that you can avoid the damaging pitfalls of the traditional divorce legal system.
It is seldom too late. Fairway Divorce Solutions has helped couples who were frustrated with the cost, time and emotional strain of using lawyers. The Fairway Divorce Solutions team encourages divorcing couples to research and understand divorce options and choose a process that is designated to meet the needs of both parties and your children.
At Fairway Divorce Solutions, we use a team of experts who help create a win-win separation agreement. Our resolution experts are highly trained and skilled to move you through the process so that you can make informed decisions without pressure or legal threats. The resolution expert will use skills to mediate when possible, negotiate and quarterback other professionals as needed. The expert mediator will also ensure you attend the What is the Law seminar put on by a matrimonial lawyer to educate you on the laws in your province. Your resolution expert will access pension and business valuators, tax specialists, and counsellors as your specific cases need it. You can rest assured that you are in good hands.
Fairway Divorce Solutions® aims to complete the process within 120 days from the time that you provide all of your financial information.
No, you do not need a lawyer to get divorced. However, it is highly recommended that you have your lawyer review your separation agreement before you sign it when there are assets and children involved. Once you have a separation agreement, you do not need to use your lawyer to file for divorce. We offer divorce filling services to make your life easier and keep the cost down.
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 access and other issues.
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.
Find information on Child Support here.
For basic Child Support calculations, please try our calculator.
In Canada, there is only one ground for divorce: Breakdown of the marriage. Paragraph 8 (2) of the Divorce Act states that “Breakdown of the marriage is established only if:
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.
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.
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. See federal divorce act.
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).
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:
Part of Fairway’s strategic start to finish process includes the filing of divorce documents.
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.
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In Canada, divorce without a lawyer is not only possible it’s now the alternative.
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