A separation agreement has several benefits over a traditional court procedure. During a divorce or separation, going through the family law process might be emotionally draining. There are other possibilities than appearing in court to resolve your family law concerns.
What do negotiations look like in family law disputes?
The process of negotiating a settlement agreement is simply the exchange of information (usually with lawyers) between parties in order to try to reach an accord. It’s not necessary for the people involved to directly talk about their concerns. Parties may find it difficult to see each other face-to-face or speak things out directly when emotions run high.
After the parties have resolved their outstanding issues, their agreement will be recorded in a Separation Agreement. The Separation Agreement is then a legally enforceable contract after it has been signed. The Separation Agreement must fulfill certain criteria established by the Family Law Act to be effective.
Benefits of negotiations
There are several advantages to negotiating a Separation Agreement:
- Faster than court
- Cheaper than court
- Less stressful
- Less adversarial than the traditional court process
Limitations of negotiations
When the issue is high-conflict, negotiations may not be feasible in all situations. The reason for a matter being high-conflict can vary. One of the spouses may be negotiating in bad faith and delaying talks to drag things out at times. Other times, the parties might truly require the assistance of a judge to resolve an issue that their attorneys are battling over. However, most family law issues
Other options to resolve issues
The other choices for resolving a family law issue if talks fail include:
The ideal option is to avoid the aforementioned options. If parties are unable to negotiate a separation agreement through their attorneys, they will have no alternative but to explore other possibilities.
To learn more about negotiating a separation agreement or obtaining a divorce in Ontario, please contact our Toronto divorce lawyer here.
NOTICE AND DISCLAIMER: The information on this website is for educational purposes only and should not be accepted as legal advice. If you want legal counsel, please see a family lawyer.