Family Court or Negotiating A Separation Agreement: Which Approach is Best For You?

Family Court or Negotiating A Separation Agreement: Which Approach is Best For You?

Let’s face it: No spouse getting separated or divorced wants to go to family court.

Who needs the expense, frustration and anxiety of a family court case?

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

Unfortunately, sometimes you have to go to family court to protect your family law rights.

First, you need to determine what your goals are in your separation or divorce on these key issues: child custody and access (which is increasingly called parenting time issues now), child support, spousal support and the property issues in your case.

You need to discuss these important family law issues with an experienced family lawyer.   Your experienced family lawyer can tell you whether your goals in your separation or divorce are reasonable based on the facts of your case and the principles of Ontario family law.

You should definitely first try to negotiate a separation agreement with your former spouse.

A separation agreement is a legally-binding written agreement in which you and your former spouse agree on specific terms for the key areas in your separation or divorce.

Your separation agreement would deal with the specific areas of child custody and access, child support, spousal support and the property issues in your case, including your home or residence.

You need to discuss with your family lawyer the attitude of your spouse.    Is your former spouse reasonable?  Will they take a reasonable position on the issues in your situation? 

You can’t simply “hope” your former spouse will be reasonable.  You have to make a realistic assessment with the help of your lawyer whether your spouse will be reasonable on the key issues in your separation and will ultimately sign a fair and reasonable separation agreement.

When your former spouse is not acting reasonably from the start and it does not look like they are going to become reasonable at any time in the near future, you should seriously consider going to family court to deal with your legal issues in your separation.

You might also have to go to family court if your separation agreement negotiations with your former spouse break down and it does not look like your negotiations will be successful.

You have to have a few important meetings with your family lawyer to discuss the details of the right approach to take, that is, trying to negotiate a separation agreement or going to family court to deal with your family law issues.

Your lawyer should be able to give some solid advice on the best approach to take for your situation based on the details of your case.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office. 

You can leave a message on my Facebook law office page, visit my website at www.canadiandivorcelegaladvice.com, or call me directly at 905-434-8837. 

We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group? 

Click here to find out more: Durham Region Separation and Divorce Legal Support Group 

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