The Road to a Separation Agreement
Do I have to go to court, or is there a better way to reach a settlement?
Your choice depends on which divorce process you follow to reach
a final decision on your divorce settlement.
You can negotiate the agreement in various ways, depending on
the situation and the level of trust and communication.
Negotiations can be directly between you and your spouse,
between your lawyer and your spouse's lawyer, through a
mediator, or in a collaborative setting.
If you want to negotiate a divorce settlement out of court, you
can negotiate a Separation Agreement. A Separation Agreement is
a legally binding contract that sets out your legal rights and
obligations arising from your separation. A Separation Agreement
is just as enforceable in a court of law as a court order.
If you go through the court process, you must follow a formal
set of rules called Family Court Rules in order to reach a final
court order. During a court process, both sides fight for a
court order, in their favour. If you are involved in the court
process, you can still settle out of court through what are
called Minutes of Settlement. Minutes of Settlement are similar
to a Separation Agreement.
Click here to visit the Divorce Process Q&A
This article is made available to you from Women in Divorce Financial.
Eva Sachs is the founder of Women in Divorce Financial. She is a Certified Divorce Financial Analyst (CDFA™), has her CFP™ designation and is a member of the Institute for Divorce Financial Analysts.
She can be reached at esachs@womenindivorcefinancial.ca or by visiting www.womenindivorcefinancial.ca.