Dispute Resolution in Family Law
The information you need to know when seeking a family law lawyer
Often when parties do not see a lawyer for advice issues will pop up years after a separation and divorce, which can be extremely distressing for parties. Carolyn has serviced many agreements done by parties themselves that were incomplete, unenforceable or contrary to the law.
There are many ways parties are able to resolve issues between them when they decide to separate, and they have assets/debts, children and/or support obligations and needs. Primarily, parties settle all issues between themselves sitting at the kitchen table. Although this works for some people, there are many pitfalls to settling in this way. No matter how amicable a separating couple maybe they each need to talk to a lawyer and obtain independent legal advice and information. Obtaining legal advice must be cogent advice, in other words, sitting down with a lawyer and going through the facts of your situation is vital. Fifteen minutes speaking with a lawyer will not give parties the advice they need. And will not give the client or the lawyer time to adequately review the facts, the law and available options. Making an appointment with a Family Law Lawyer is invaluable as it gives the client comfort in knowing they have settled all issues in a reasonable way. The client gets advice and knows his or her rights and obligations in the separation.
Often when parties do not see a lawyer for advice issues will pop up years after a separation and divorce, which can be extremely distressing for parties. Carolyn has serviced many agreements done by parties themselves that were incomplete, unenforceable or contrary to the law.
Even if parties are able to reach a consensus on terms, the terms need to be included in a proper Separation Agreement, done by a lawyer. If a mediator meets with both parties she or he can do up an Agreement that covers all issues, is enforceable and complies with the Divorce Act, the Family Law Act and the Rules of Court. Further, financial institutions typically want a properly done separation agreement in order to approve a party for a mortgage; a pension plan will want an agreement before splitting a pension and investors typically want an agreement showing how Registered Retirement Savings Plans or other investment vehicles are divided.
The Bottom Line
The bottom line is even if you and your spouse settle all issues, make sure you talk to a Family Law Lawyer. Make sure all issues are settled or to settle issues you and spouse cannot agree upon, you can also see a Family Law Lawyer who is a mediator and that way, upon settlement, you will know all issues have been settled and an enforceable Separation Agreement is in your hands. Spending money now will save you money and aggravation in the future. Additional resources can be found at kamloopscollaborativefamilylaw.com