Find out more about your separation agreement in Canada
Ending a Marriage
Ending a Marriage should never be pursued lightly. Accord Consulting would rather parties do all in their power to keep a marriage together, especially where children are involved. However, we believe that even for people of faith, there comes a time when for the safety and security of one of the spouses and/or especially the children, separation that may lead later to divorce, may be the preferred route.
Circumstances that could fall into the category of those that may be eligible for such a consideration include repeated, un-repented adultery and repeated, un-repented physical, emotional, and/or verbal abuse. In the Old Testament, God allowed a divorce when one partner was no longer willing to supply the emotional and physical needs of the other.
Why you pursue a separation agreement is your business. Making it happen with the least amount of angst and suffering, to the best of our ability, is mine.
We will provide a FREE exploratory discussion for your separation agreement in Canada!
Call 647-346-9450 or contact us at firstname.lastname@example.org to arrange your FREE over-the-phone session
What’s a Separation Agreement All About?
First of all, it’s a legal document. Second, it’s also a domestic contract. That means, once agreed to, it will, to a certain extent, and within, or subject to, relevant legislation, determine a spouse’s legal rights. As a separation agreement, this document records the agreements that the two parties reached voluntarily on such matters as child support and custody, spousal support, allocation of assets as well as debts, current or future pension payments, RRSP’s, RESP’s, etc.
Getting a separation agreement is an alternative to going to court to get a divorce. The difference is twofold: it normally is not as traumatic and it most often is less expensive. Issues between parties can be resolved at a fraction of the cost that the two parties would normally pay their respective lawyers to negotiate on their behalf in a usually adversarial process.
After the agreement is reached, Accord recommends that each party take it to a trusted lawyer (or we can recommend a neutral one) and have them check the document from a legal perspective – but not with the view of saying to one of the parties, “You can do a lot better.” The truth is that someone may always think they can do a lot better – but at what financial or emotional cost?
Once the opinions of the lawyers are taken into account, the document is then executed (registered in the appropriate court) and then it is treated as a court order that has to be obeyed. That means it can be enforced by the courts if necessary. Finally, it can serve as the basis or foundation of a divorce when one or both parties wish to pursue same.
Why Accord vs. A Lawyer?
Let me, at the outset, state clearly that we are not lawyers. Our strength is in our ability to mediate a fair agreement between two parties – an agreement that both of them are prepared to sign and live by. That’s why we recommend that you take your pre-signed agreement and run it by your own lawyer.
So, why use us?
First, it will cost you a lot less.
Secondly, we at Accord care about people. We believe in the family. We love children. We are committed to making this process as easy as possible on all involved, because we know that the stakes are high and the implications can be tremendous in the future, especially for any children involved.
Thirdly, we’ve negotiated and mediated hundreds of different kinds of agreements for organizations, individuals, and couples.
Fourth, we listen. We work hard to determine what is critical to each party and then work hard to get the relief on that item that is acceptable to both.
Fifth, our decades of involvement in helping others will serve all our clients well. We understand life. We understand what can go wrong. We understand what it takes to make the best of a very difficult situation.
What are our fees and what’s the process?
Accord charges by the hour based on what time is required to work directly on your case. The current low fee of $130 Canadian plus HST per hour is shared equally by the two parties. (Compare that with up to $400 or more for each of your lawyers.) There is no charge for travel time, should the mediator be required to travel. Out of pocket direct expenses (real travel costs, accommodation, meals, etc.) are charged, but normally there are none.
Mediating a separation agreement can be done in several ways. The first thing we do is obtain agreement from both parties that they are willing to participate in the process. Then we use a combination of the methods available that best suit the parties. These include:
- In person meetings with both parties
- In person meetings, separately
- GoToMeeting, separate or together, on the computer
- Telephone calls
With each, the mediator is always working towards minimizing the differences or gaps between the two positions and reaching a final settlement.
[Where one of the parties is not prepared to work through this process, Accord will also work with the party that wants a separation agreement. If that is you, we will work with you to draft a separation agreement and then assist you in having it executed in the courts. Your spouse would then have to be subpoenaed to respond to that draft or risk having a judge impose it.]
The overall price of a separation agreement can be as low as $500 shared by the two parties, assuming that there are no issues at all with respect to children, spousal support, distribution of assets, determination of future benefits, and sharing of debts. Unfortunately, but honestly, that is a very rare case.
Find out more about your separation agreement in Canada