For the collaborative family law process to work, you and your spouse must be able to speak honestly and respectfully about your separation issues and not treat yourself as enemies. If you reach an agreement, we will ask our family law firm to turn the agreement into an act of separation that you can both sign and assist. If you opt for a subsequent divorce, you can ask the court to accept your agreement on the legal form (marriage separation agreement). The fixed fee includes the retention of a signed copy of this agreement for six years in the event of problems that will be raised later. Family Justice Counsellors offer and can offer free mediation services for couples and families: The Ministry of the Attorney General offers free and mobile mediation services in family courts. The sliding scale means that the amount you pay depends on your income and the number of children you need to support. An arbitrator is like a mediator a person who has been trained to help you and your spouse discuss your problems and try to reach an agreement. But unlike mediation, the arbitrator makes a decision if you can`t agree. Help from a lawyer after mediation, for example. B to make your agreement legally binding See the meeting of an agreement after separation to learn about the application or modification of a negotiated agreement.
A mediator is someone trained to help you and your spouse discuss your problems, understand the other`s position, and try to reach an agreement. It is best to try to reach an agreement through mediation if you can. You could save money on attorney fees and it may be easier to resolve differences. Ask them to take you to a family justice counsellor near you. The call is free of charge. Think about what you want to get out of mediation before you start. Mediation is more likely if you can spend the sessions focusing on things you really don`t agree on. There are a number of ways to deal with your divorce or separation case without a break in body in order to focus on solving the problems in this case by agreement. With these approaches, you can get help if you are trying to make deals, if you can`t do everything yourself without help. Click here to learn more about divorce agreements. Sometimes mediation is not a good idea. For example, if there has been violence or abuse, or if there are serious mental health or addiction problems.
An agreement reached through the collaborative family law process is a legal contract. This means that you have to do what it says. Finally, the Family Law Act and cases relating to the enforcement of separation agreements state that not only must contractual terms not be contrary to contract law, which lawyers provide, but also that the parties must negotiate these terms in “indisputable circumstances”. This means that there must be no inequality of power between the spouses and that neither spouse should exploit the situation of the other spouse. . . .