Ian Fitzgerald has been providing this service to our clients for years and can get agreement on many parts of family dispute issues that separating couples would not think possible. Limit your time and costs in court by dealing with as many issues possible, if not all prior to attending court.
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‘Family dispute resolution process’ is a new term in the Divorce Act. It is used to describe a number of out-of-court processes families can use to solve issues such as parenting, child support, and for some families, property issues. Negotiation, mediation, collaborative law and arbitration are types of family dispute resolution that are explained below.
On June 21, 2019 Parliament made changes to the Divorce Act that affect family dispute resolution. These changes apply as of March 1, 2021.
Family dispute resolution options that don’t require you to go to court, such as mediation, are already available to you. What is new is that the Divorce Act says that you need to try to solve your family law issues by using family dispute resolution, if it is appropriate.
Legal advisers now have a duty to encourage you – as their client – to try solve issues through a family dispute resolution process, unless it would be clearly inappropriate to do so.
We will guide you to obtaining the documentation required to do a proper look into the financial situation of a separation/divorce. This can often lead to requesting documentation up front that will save a lot of time and money later. We then lay out for you the findings of the information you provided and go over it with you to investigate any unknown areas. Knowledge is power!!!
Helping determine what would be healthy decision-making and parenting time of children based on parents working life and ability to provide the basics a child requires. While not always easy, child decision-making and parenting time decisions are extremely important.
Child support can be simple math however can also be a complicated piece, do not let basic child support tables have you agree to circumstances beyond the basics. 50/50 custody DOES NOT mean there is no child support. Child Support is based on income and time with each parent.
There are many factors into spousal support amounts, length of time and expenses related. While there is no set in stone support tables in this area there are some standard tables of what would be awarded, if anything at all.
Some areas of separation and business are easier than others, Ian Fitzgerald has often been brought into matters with Businesses and Self Employment for the knowledge and experience with 30+ years in the field. Understanding how money flows and what can be personal vs business plays as a important factor in separation/divorce.
Division of Property is largely a mathematical solution with some give and take all while trying to do what is fair. Not everyone wants division of property to go fair. Knowing what is fair upfront helps in this area. Knowledge is power.
Not all professionals are equal, some are not that professional...
Separations Canada has access to experienced professionals in many areas to assist through these challenging times to help set you on your future path. These areas include however not limited to:
*Real Estate
*Health and Wellness
*Finance
*Insurance
*Legal
*Tax Planning
*Counselling
*and so much more!!!