You and your soon-to-be Ex-Spouse must resolve all of the property division, support and custody issues that arise from your decision to divorce. Although the Family Court system is in place to make orders and finally resolve these issues, there is no requirement that the matter be taken all the way to court, and it certainly is in both your best interests if you can resolve at least some of the issues without recourse to litigation.
This is where negotiation comes in. You and your spouse can try to resolve some or all of your differences, and settle upon your individual rights and obligations, without going to trial. The negotiation process can be informal (by way of a series of sit-down discussions at your kitchen table, for example), or it can be more formal (through a meeting at your lawyer’s office, attended by your Ex and his or her legal representative). There are also services offered by the Ontario Family Courts that assist divorcing couples to explore their negotiation and mediation options and opportunities.
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Whichever method best suits you, at Shulman Law Firm, we can assist with the negotiation process, by representing you in your discussions with your Ex (and his or her lawyer), and by advocating on your behalf in order to most closely achieve the results that you want.
At the least, negotiation is an important tool for narrowing down the issues that are in contention between you and your Ex. And as can be expected – and especially where the emotional rift between the two of you is particularly deep – negotiation does not always manage to resolve all the issues to the point that a full family law trial is avoided. However, if at least some of the issues can be settled, then everyone wins in the long run.
Next article: Commencing Litigation
Shulman Law Firm is a Toronto-area firm of experienced Family Lawyers who can provide practical advice and effective representation relating to the steps and processes involved in separating and getting divorced in Ontario. Contact us to set up a consultation.