Property division and the collaborative process
One of the most challenging but more important aspects of a divorce, or separation in the case of a common-law relationship, is the property division process. During the course of your relationship, you and your ex probably acquired many different kinds of property, from everyday household items to bigger assets like vehicles and real estate, that must be divided equitably. While a standing marriage or cohabitation agreement can make this task more straightforward, there are still many couples who choose not to sign these contracts prior to the relationship.
While many separating couples end up having the Canadian family courts decide who will get what, others are able to come to an agreement between themselves and present it to the court. This is often done via mediation or arbitration and can be one way to retain more control over your divorce proceedings and end up with an agreement that works for both of you.
Even though both of these are collaborative processes, a lawyer can be an invaluable asset during this time. It’s crucial to have a lawyer read over and evaluate any divorce agreement before you submit it to the courts for review. Doing this can make sure you have gotten what the law entitles you to and can help you spot and deal with issues that could cause problems later on.
However, if you and your ex-are not able to come to an agreement outside of the courts, a lawyer can help you prepare for your case to go to trial. It’s important to be aware of the different court procedures and how long a divorce settlement can take.
Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9