How to Get A Winning Settlement In Your Separation or Divorce!

How To Get A Winning Settlement in Your Separation or Divorce!

Let me ask you a simple question:  how do you know what a good settlement is that solves your family law problems and protects your legal rights at the same time?

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

You need to ask these 5 critical questions before you try to settle your family law issues:

1.  Are My Separation, Divorce or Family Law Goals Reasonable?

You need to carefully review your separation and divorce goals with an experienced family lawyer.

Why would you make a written offer to settle your family law issues that does not comply with family law principles based on the facts of your situation?

Your former spouse is very unlikely to accept a written separation agreement or offer to settle in family court proceedings when Ontario family law principles does not support your goals.

For example, more and more parents get their children living with them for half of the time, especially when these parents have been actively involved in their children’s lives.  Why would your former spouse accept a written proposal to settle to only have access to their kids every second weekend when they have been actively involved in your kids’ lives? 

Your former spouse most likely would not accept your written proposal on this issue.

2.  Are You Following Your Experienced Family Lawyer’s Recommendations on How To Settle Your Case?

You should be having some detailed discussions with your experienced family lawyer about settling your separation, divorce or family law case.

Your family lawyer should be making specific recommendations to you on how to settle your case.  For example, they would make specific recommendations about child custody and access, child support, spousal support and the property issues.

You should pay close attention to your lawyer’s recommendations since your former spouse is much more likely to accept a written proposal to settle your case based on your lawyer’s specific recommendations. 

3.  Will My Written Offer to Settle or Proposed Separation Agreement Help My Financial Future?

Your written offer to settle your family law issues that have terms that help your financial future after your separation or divorce.

Make sure any child support and spousal support terms in your proposal make sense in your situation. 

Good financial terms in your proposed written settlement really do depend on the facts of your particular situation.

Again your lawyer can help you make sure your proposed financial terms in your settlement will help your situation and your future.

4.   Does My Proposed Separation Agreement or Written Offer to Settle Help My Children?

Obviously, you want to do as much possible to create a written proposal with excellent child custody and access terms for your children.  

You and the other parent are responsible for helping to create the best lives possible for your children, especially when they are younger. 

Realize that in most cases, children truly do better in life when both parents are actively involved in their children’s lives.

Propose parenting times that give the best possible life to your children so that they do well in life and in school now and later in their lives.

 5. Can You Live With Your Proposed Agreement?

You have to make sure that you can live with the terms of your written proposal if your former spouse accepts those terms.

No one is completely happy with their proposed settlement offer to their former spouse. 

You simply want to make sure you can live with the terms of your agreement and that your proposal protects your family law rights based on Ontario family law.

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