How to Ask Your Spouse for a Separation or Divorce without it Getting Nasty

Separation and divorce are difficult for all parties involved and if you are thinking of initiating that discussion, it can be even more stressful. Chances are if you have reached this point, communications are already strained and your partner may not be open to such a discussion.

The best approach is an informed approach. Research your options. Consult with professionals such as a family lawyer first. Many family law lawyers operate traditional practices where you go to the office, pay for a consultation and retain their services. As an economical alternative, consider seeking advice from a firm that offers lawyer assisted divorce coaching to develop a plan that will protect your interests and approach the subject with your partner in a non-threatening manner.

Just because you are considering a separation or divorce, you don’t have to retain a lawyer that is eager to pursue legal action. Often the only people that benefit from legal aggression are the lawyers. Firms that offer divorce coaching can answer your questions and advise you on how you can navigate this very difficult process without retaining a traditional lawyer. They will also be ready to represent you if the issues cannot be resolved without using the court.

With the right advice, you will be more prepared to approach your spouse with more confidence and have strategies to focus on reaching an amicable agreement. The result could be a mutually beneficial separation or uncontested divorce agreement that saves you, your spouse, your children and your wallet the destruction that accompanies a nasty divorce.

If a resolution cannot be met, you have done your research and you have established a relationship with strong legal counsel that can protect your interests.

For more information about how to approach your spouse about a separation or divorce please visit http://www.myontariodivorce.com or http://www.bermanbarristers.com

How to Ask Your Spouse for a Pre-Nuptial Agreement

If you are thinking of getting married, you may or may not have started to think about a pre-nuptial agreement. Whether you currently have something to protect or not, a pre-nuptial agreement is always a good idea.

A pre-nuptial agreement enables couples to enter a marriage with a clear understanding of the expectations during the marriage and in the event the marriage ends. It protects both spouses and should be developed together.

Inviting your spouse to participate in the development of an agreement will help them understand your position and you theirs. Consider a situation where one or both spouses have children from past unions who want to protect assets for their children, or a business owner who has responsibilities to employees and investors.

A pre-nuptial agreement can protect those interests. In the long run, if the union ends, you can avoid ill will and emotional disputes over property because your prenuptial agreement will have set out how those matters will be divided.

You should consult a lawyer to make sure that you address all the issues that need to be included in your agreement. You can also use internet services where you can ask a family law lawyer a legal question online. You can also create your pre-nuptial agreement online or with the assistance of a family law lawyer. If you create your pre-nuptial agreement online, make sure you each get independent legal advice before you sign it.

For more information about pre-nuptial agreements please visit http://www.myontariodivorce.com or http://www.bermanbarristers.com.

What is Alternative Dispute Resolution in Ontario – Arbitration vs. Mediation vs. Legal Coaching?

If you have already separated from your spouse and have started consulting divorce lawyers, you have likely realized that you are about to embark on a long and expensive process.

Sometimes couples do not separate under the best terms and when emotions get involved it can lead to rash and expensive decisions. If you are in this situation, take a step back and consider the impact of your decisions on your health, children and wallet.

In Ontario two most publicized forms of a Alternative Dispute Resolution have been Mediation and Arbitration.

Mediation is a voluntary private process where couples retain the services of an impartial third party “mediator” to help them reach a settlement. A mediated settlement is binding and is usually reflected in a Separation Agreement.
Arbitration also involves an impartial third party however he or she is retained to conduct a Hearing and make a binding decision which is then reflected in a Written Decision.

In recent years the concept of collaborative law has emerged to encourage individuals to resolve issues without going to court. There are many ways that you can work through the divorce process with your spouse to avoid unnecessary stress. The cleanest, easiest and often most cost-effective way to deal with your divorce is to look for ways that you can agree on the issues with your spouse, starting with areas that you already agree on.

If you can’t agree, before going to Court, your best course of action to save some money may be to consider another option; lawyer assisted coaching. This is where a divorce lawyer coaches you through the process while you self-represent. This could be the difference between you spending every dime you have on legal fees or you ending up with most of your assets intact.

Hiring a legal coach will enable you to establish a relationship of trust with someone who could step in and defend If you have already separated from your spouse and have started consulting divorce lawyers, you have likely realized that you are about to embark on a long and expensive process.
Once you reach an agreement with your former spouse, you can create your divorce forms online and then your legal coach can assist you with getting them finalized.

No matter which approach you choose it pays to put your emotions on the shelf and start thinking about how you can make the smartest choices, for more information visit http://www.bermanbarristers.com or http://www.myontariodivorce.com.

Domestic Contracts in Ontario – Marriage Contracts; Cohabitation Agreements; and Separation Agreements

In Ontario, there are different types of domestic contracts to meet diverse situations. These Domestic Contracts fall into three categories: marriage contracts, co-habitation agreements and separation agreements.These Domestic Contracts protect the interests of all parties involved at various stages in the relationship.

Establishing an agreement when entering into a commitment is a means for both parties to agree on ownership of assets and other mutual interests both during the relationship and in the event the relationship ends. Developing an agreement of this nature can prevent misunderstandings and costly legal fees.

Couples are committing to marriage later in life for a variety of reasons and as such, each individual brings to the relationship assets that they may want to ensure are protected. A prenuptial agreement ensures that both parties understand and agree to the wishes of each individual entering into the marriage. While it’s advisable to sign an agreement prior to the marriage, a marriage contract can be agreed upon at any time during the marriage. This may be something that is considered when one or both parties acquires a substantial asset that they do wish to be affected by the marriage in the event of separation or divorce.

Most people understand that marriage has consequences that affect assets and finances from a legal perspective but did you know that people that are in a common law union, can acquire ownership interests that can be protected with a cohabitation agreement. Again, this agreement is best reached prior to entering into a cohabitation arrangement but can be created at any time during the union.

If you are entering into a change in your relationship, whether you are thinking of marriage, living together or are already together and thinking of purchasing a house, starting a business or have had a significant change to your assets or income, talk to your spouse about establishing a mutual agreement. Developing a plan together while both parties care for one another will ensure each will have an opportunity to come to an agreement in a fair and non-threatening manner.

Finally, Separation Agreements are a form of domestic contract that occur when a relationship is about to end. A separation agreement enables you and your spouse to agree on issues that affect your post-separation life.

You can create your cohabitation agreement, marriage agreement, and other marital and divorce contracts online. If you and your spouse are separating and you have agreed on the issues you can also create your separation agreement online. Consider consulting an Ontario divorce lawyer that specializes in Family Law to insure that your interests are protected. For more information visit http://www.myontariodivorce.com or http://www.bermanbarristers.com.

Protecting your Money and Assets through a Separation or Divorce

If you are thinking of separating or divorcing you are likely trying to think of ways that you can protect your money and assets. If you are divorcing in Ontario, the Ontario Family Law Act (the “Act”) sets out specific and sometimes complicated rules regarding the treatment of marital property.

Essentially, the Ontario Family Law Act requires married spouses to share equally in any increase or decrease in the value of their property over the course of the marriage.

Property is defined in the Ontario Family Law Act very broadly and encompasses “any interest, present or future, vested or contingent, in real or personal property”. Essentially, anything that can be considered property will be considered property for the purposes of the Act.

The process requires each spouse to determine the net value of all the property he or she owns at the end of the marriage and to subtract from that amount the net value of the property owned as of the date of marriage, taking into account certain exclusions permitted by the Ontario Family Law Act .

The value arrived at is referred to in the legislation as a spouse’s net family property. The spouse with the lesser net family property is entitled to receive, typically by way of cash payment, one-half the difference between the two net family properties. That is, if the net family properties are equalized.

Having said that, a spouse can minimize the amount of any equalization payment he or she might be required to make through careful structuring of his or her portfolio in a manner that takes full advantage of the deductions and exclusions allowed by the legislation.

If you are in a situation where you and your spouse share substantial money/assets, this is one scenario where you should consider consulting an Ontario divorce lawyer.

If you are the party who is in a stronger financial position, you should look for an an Ontario divorce lawyer that specializes in equalization. A an lawyer that specializes in equalization will be able to assess your exposure and help you come up with strategies to protect your property.

If you are the party who is in a weaker financial position you too should seek an an Ontario divorce lawyer who specializes in Equalization in Ontario to ensure that you receive a fair and equitable divorce settlement.

Being proactive about protecting your wealth is essential. Waiting until you and your spouse have agreed to separate or divorce before starting to implement wealth preservation strategies is not an option.

As a prudent business person, your tax plan is to minimize taxes. Your business plan is to minimize expenses and maximize profit. Yet, when beginning or ending a relationship, people seldom plan to protect their assets from the consequences of marriage or separation.

To learn the strategies to an protect your money and assets through a separation or divorce, go to http://www.BermanBarristers.com.

“Using a Toronto Divorce Lawyer in Your Divorce vs. Being Coached Through the Divorce Process by a Divorce Lawyer but Managing Your Divorce Yourself”

If you have been contemplating separating from your spouse or even divorcing, you have likely done some research that a top Toronto Divorce Lawyer can be expensive. Almost all Divorce lawyers in the province of Ontario charge per minute for their time and they won’t charge any less for an uncomplicated case.

Whether you are Donald Trump or the guy next door, the divorce lawyer is going to charge you the same hourly rate. Most divorce lawyers in the Toronto area won’t even talk to you without first paying them a hefty up front Retainer of thousands of dollars.

Now, if your case involves a lot of property, assets, investments or if you’re self-employed in your own successful business (like Donald Trump), then paying a top Toronto Divorce lawyer to guide you around the financial landmines that may ambush you in a divorce may pay off.

Some folks don’t have a lot of money to protect; and instead, are fighting for custody or access of their children. This is another situation where you may consider retaining a lawyer. If you are looking for a lawyer, try to find one that will take your case for a fixed fee. Most divorce lawyers do not offer fixed fee retainers but there are a handful of firms out there that subscribe to our philosophy, that all people deserve equal access to justice.

If you’re more like the guy next door with a house, a car, a couple of kids and an RRSP, then you may want to consider managing your Ontario divorce yourself with the help of a Toronto Divorce Coach. Ideally, your Divorce Coach should be an experienced Divorce Lawyer who will help you understand your rights and obligations and assist you with your negotiations.

Your Divorce Coach can also help you prepare correspondence, a Separation Agreement or Court documents, if you fail to come to terms with your spouse. In this scenario you would do the bulk of the leg work and your Divorce Coach guides and advises. You pay only for the help you receive on an as needed basis. This kind of service can be provided hourly or on a flat fee basis. There are also online do it yourself divorce sites where you can speak with an Ontario Divorce Coach online.

The trick will be to find an experienced Toronto Divorce Lawyer willing to be a Divorce Coach. Most lawyers haven’t yet woken up to the reality of the new economy. The profession needs to find ways to provide necessary legal services in a way that is affordable and effective. Divorce Coaching is one way of doing just that.

We hope that this article has been helpful and for more information about getting your own Divorce Coach go to http://www.myOntarioDivorce.com or http://www.BermanBarristers.com

“Preparing Your Ontario Divorce Application at the Family Court – A Single Parents True Story”.

We asked the public to write to us about the personal experiences that they had when trying to use the Ontario Family Court on their own. Here is Lily’s story.

“I am a single mother of two, had to file for Divorce and seek full custody of my two children four years ago. My children were the ages of 1 and 4 at the time and this was my experience.

I didn’t have the means to hire a divorce lawyer so I took it upon myself to contact the Newmarket Family Court (the Ontario Family Court in my jurisdiction) to gather all the information I needed to proceed. I was told to visit the court and I will be given all the forms that I needed.

Along with not having the money to hire a lawyer, I also didn’t have a car, so I borrowed my parent’s car and drove over to the Newmarket Court with both my children in tow. I was directed to the Family Court division where I would speak to the clerk who would give me all the paperwork I needed.

It was extremely busy and I was handed a “How To” booklet along with forms so I went on my way and returned home. I went through the booklet and did my best to complete my forms and returned to the court, again borrowing a car, to file my divorce forms. I waited in the line-up for what seemed to be days only to find that I did not fill in my Ontario Divorce Application and other forms correctly.

I searched through the booklet to see where I went wrong and nowhere did it show any errors, so I went to get new forms and returned home to fill them out correcting the mistakes the clerk advised I had made. I returned to the Newmarket Family Court a third time, waited again in a long line up and was given more forms, this time Affidavit forms.

I had to serve my spouse with the papers. When I completed that and returned to the Newmarket Family Court for the fourth time to file the Affidavit, I waited again in line for them to tell me that I served my partner incorrectly so I had to get new forms once again, serve the forms to my spouse once again, wait in line once again and then was sent to wait for a response.

This went on and on, back and forth from home to the court each time not given the proper information or forms that I needed causing me to have unnecessary visits to the court. The same procedure happened when I also filed for custody of my children. If I was given the option to fill out all my forms at once and given a complete tutorial, I could have saved so much time, have spared by children of the experience and saved myself frustration and my sanity.

There is nothing more frustrating than trying to further yourself and not being given all the necessary information upfront in one visit with two small children along for the ride.

If only there was another option…”

Lily’s story is a prime example of why we have been long time advocates of innovative, online divorce solutions. In the past two years more and more online resources have become available for those who are going through the process of a divorce or separation.

Creating your divorce forms online saves you unnecessary trips to the court and is an affordable avenue for those who don’t need a lawyer or simply can’t afford a one. For more information about how you can create your Ontario Divorce forms online please visit http://www.myontariodivorce.com or http://www.bermanbarristers.com.