Skip to content

Featured Question

What do I need to include in my separation agreement for it to be court enforceable?

This is an important consideration, especially if you have any reason to believe that your spouse may not comply with your separation agreement in the future. If your separation agreement is not created in a certain way, the courts may set it aside all or part of it should any problems arise in the future.

The following aspects must be complied with during the drafting of a separation agreement:

  • Both spouses must provide full and truthful financial disclosure
  • There cannot be any undue pressure, and it the process of creating the document must... MORE »

Most Recent FAQs

Should I sign a separation agreement?

In order to avoid going to court, a separation agreement may be the most effective way of negotiating the matters resulting from your marriage breakdown. Separation agreements can save money and time spent in court.

Separation agreements help ease the transition of family life during this difficult time, which can be especially important if you and your spouse have children. Time in court often has damaging effects on both spouses and children, and is usually worth avoiding.

... MORE »

Does collaborative divorce still include strict financial disclosure by both parties?

Yes. During the process of collaborative divorce, you and your partner will both have to complete the same level of financial disclosure as a regular divorce. Your collaborative lawyer will still pay just as much attention to detail in drafting your documents, and will ensure that you know your financial rights around property and support issues.

Collaborative lawyers will work with you to find a creative financial solution that feels fair for both you and your spouse. A benefit to this is that you may be more likely to end up... MORE »

If collaborative divorce doesn’t work for me, can I go to court?

You always have the option of going to court. However, the collaborative divorce process is unique in that it requires both parties to sign a contract stating that your collaborative lawyers will not be able to represent you if you decide to go to court at a later date.

The reason that collaborative law works in this way is to provide an incentive for the lawyers involved in your matter to focus on resolving conflict and creating viable solutions for both parties. Collaborative divorce requires a level of amicability between the... MORE »

What is a collaborative lawyer?

A collaborative lawyer can help you resolve your dispute while staying out of family court. The collaborative approach can be used to finalize your divorce in a cooperative manner. Collaborative family lawyers are specially trained, and in the process of collaborative law, two different lawyers will work with both parties by focusing on their goals and interests. They will then work to create a legal solution. It is often a more efficient and cost effective method than going to court.

Collaborative divorce is very effective for spouses who are able to... MORE »