Divorce Questions and Answers

Divorce Mediation is a confidential process, guided by a neutral third party, who assists separating couples work through the terms of their separation. A mediator listens to both parties and can provide options or suggestions that may assist in the negotiations.

Although trained in family law, mediators have no authority to make decisions, or provide legal or financial advice. The mediator acts as a facilitator to assist the parties in making decisions on matters such as finances, division of property and the parenting of their children.

Mediation is confidential and only involves the mediator and the two parties (unless the parties agree otherwise). The Mediator will not disclose any information to third parties except as required by law. Any records or notes taken by the mediator cannot be used in any future court proceeding, and all records of the mediation are usually destroyed for this reason.

Mediation is a faster, less expensive and less stressful option for parties working through the terms of their separation. They have control over the outcome of their separation instead of a third-party, a judge, making decisions that might not work for them or their family.

Mediation is the great alternative to the adversarial, legal process and allows the parties to work together in a more amicable fashion, to create a mutually acceptable Agreement.

Mediation may be the right option for you:

• If your spouse agrees to work together in mediation.
• If you want to decide on the terms of your separation quickly so you can get on with your life.
• If you want to save on unnecessary legal fees and court costs.
• If you want to maintain an amicable relationship with your spouse moving forward.
• If you want the terms of your separation to remain private and confidential.
• If you want to minimize the amount of stress for you and your family.
• If you want to come to mutually agreeable solutions with your spouse on important issues.
• If you can sit in the same room and talk civilly about the terms of your separation.
• If you can be transparent and provide all your financial documents to the mediator and each other.
• If you want to stay out of the adversarial and overwhelming court process.
• If you want your separation to have minimum impact on your children.
• If you can decide on custody terms.

Mediation may not be the right option for you:

• If there has been a history of domestic violence in your relationship.
• If you are not able to advocate for yourself.
• If you believe your spouse is hiding assets.
• If you or your spouse are incapacitated.

• A couple will book a 30-minute, free, joint, on-line Introductory Meeting. During that meeting, we will:
  • Explain our mediation process
  • Discuss costs associated with the package that is right for you
  • Answer questions about mediation and the process
  • Provide you with information you need to get you started

• After the Introductory Meeting each party will book a 90-minute individual meeting with their assigned mediator. This confidential meeting will be used to:
  • Screen for appropriateness of mediation
  • Create your customized financial checklist
  • Go into detail about your circumstances and what you want to achieve from mediation. This will help the mediator to understand your situation, the issues and give some ideas about ways to achieve a mutually acceptable outcome.
  • Schedule Joint Mediation Sessions

• The parties will provide financial and income statements to the mediator and to each other. Providing these documents is an essential part of the mediation process as it allows the parties to make decisions based on factual information.

• Once the financial and income statements have been received by the mediator, the mediator will meet the parties together for 2 hours (per each session). The mediator will work with both parties to come to an agreement outlining the terms of their separation.

• During mediation, the mediator:
  • Will give each party a chance to speak and be understood;
  • Will provide information with respect to family law;
  • Will help the parties discuss any issues that may arise;
  • May give the parties time to talk to their lawyers or support people.

A Separation Agreement is a legally binding Agreement between a married or common-law couple. A Separation Agreement outlines the terms of the separation and can explain each person’s rights and obligations after they separate, and addresses such issues such as:

• How you will divide your property, including assets and liabilities;
• How you will parent your children after you separate;
• If there is to be any child/spousal support paid;
• Who will be covered under medical and dental benefits; and
• Who will be covered under each parties life insurance policies.

NOTE: A Separation Agreement does NOT mean you are divorced

If the parties come to an agreement on all terms of their separation, the mediator will draft a Separation Agreement to be reviewed by the clients.

NOTE: It is highly recommended that parties seek independent legal advice prior to signing any legal documents.

If you come to an Agreement on some issues but not all in mediation you may have to take your outstanding matters to Family Court and have a judge decide for you.

Mediation is about discussing options, compromise, and give and take. Mediation should result in an Agreement that has been reached by both parties through negotiation. The Mediator will guide you through the process but will not make decisions for you, therefore the parties are the ones that create their own Agreements.

It can be really challenging if your ex is not interested in mediation to address the issues of your separation. However, mediation is a voluntary process and unless both parties agree, mediation session cannot proceed.

Talk to your spouse about mediation and be prepared to answer objections.

Click Here to read our guide: Getting to the table

Spouses will be considered “Separated” under the Ontario Family Law Act when they live separate and apart and there is no reasonable prospect that they will resume cohabitation. However, for financial or other reasons, couples may remain living in the same home and still be considered separated.

A divorce is a recognition from the Government that you are no longer married and allows ex-spouses to remarry.
Typically, you have to wait for one year from the date of your separation to apply for a divorce.

Under the Family Law Act, there is no legal requirement for a Separation Agreement to be signed by a lawyer. The requirements under the Act state that a Separation Agreement must be:

1)  In Writing;

2)  Signed by the Parties; and

3)  Witnessed.

The purpose of a witness is to confirm that the parties actually signed the Agreement. A witness can be any competent adult over the age of 18.

In most cases courts will uphold a Separation Agreement however, courts will likely notuphold an Agreement in the following situations:

1)     the terms of the agreement are not in the best interest of your children;

2)     the parties have not fully disclosed certain assets or liabilities;

3)     the Separation Agreement is clearly unfair; or

4)     there has been pressure from one party, for the other party to sign the Agreement.

It is strongly recommended you seek independent legal advice prior to signing any documents.