FAQ

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.

Do I have to be amicable with my spouse to benefit from Fairway Divorce services?

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.

How much does it cost to work with Fairway Divorce? How is this different from the traditional system?

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.

Does the Fairway Divorce Solutions approach use lawyers?

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.

What is Independent Legal Advice and Why do I need it?

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.

Can I still use Fairway Divorce Solution if there is not an office in my city?

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.

Do both parties have to use the Fairway Divorce Solutions system?

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.

I’ve already started my divorce using a lawyer. Is it too late to switch over to the Fairway Divorce Solutions?

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.

Who do I work with when using Fairway Divorce Solutions?

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.

How long will the Fairway Process™ take?

Fairway Divorce Solutions® aims to complete the process within 120 days from the time that you provide all of your financial information.

Do I need a Lawyer to Divorce?

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.

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 access and other issues.

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.

Do I have to pay Child Support?

Find information on Child Support here.

How much do I need to pay for Child Support?

For basic Child Support calculations, please try our calculator.

What are the grounds for divorce?

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:

  • The spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or
  • The spouse against whom the divorce proceeding is brought has, since the celebration of the marriage: committed adultery, or treated the other spouse with physical, or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.”
  • The most common way to establish a breakdown of the marriage is to prove that the spouses have lived apart (have been separated) for at least one year immediately before the divorce judgment is granted, and were living separate and apart at the time the proceedings began. This is if you are using one year of separation to establish the breakdown of the marriage you can’t begin the proceeding until after the spouses are already separated and can’t finalize it until at least one full year of separation. But you don’t have to wait a year of separation to get the proceedings started.
  • From time to time, one of the parties wants to get the divorce without waiting the year from date of separation. This can be done if adultery or cruelty can be established. Usually raising one of these to show a breakdown of the marriage will cause more upset and aggravation than it is worth. If the other side simply decides to deny the allegation, you may have converted an uncontested divorce into a contested one, and it likely won’t be finalized within the year anyway. Almost all divorces begun nowadays show a breakdown by one-year separation.
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. See federal divorce act.

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:

  • Inheritances
  • Gifts
  • Businesses
  • 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.

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.

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