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By LegalMatters Staff • If you are going through a divorce you can expect many stressful situations. You must reach a separation agreement with your ex-partner, spelling out the division of assets and agree on a parenting schedule if you have children
Templates for these agreements can be found online but if you do not seek legal advice at this stage, you could end up giving up more than you intended. And if the agreement is contested, it may end up costing you more in time and money, not to mention the added stress.
“The time to consult a family lawyer is before a dispute arises,” says Edmonton family lawyer Mark Demas. “Being proactive will allow you to have a clear understanding of your legal rights and obligations. A lawyer will lay out all your options and assist you to make an informed choice.”
Demas says it is important to set aside any feelings of resentment and come up with an agreement that is fair to both sides.
“Divorce should not be seen as a battle or something to be won,’” he says. “Granted, the end of what was once a loving relationship can be traumatic and, for some, the need to punish their former partner can override their good sense.”
Demas also advises clients to do their best to avoid court and attempt to negotiate an agreement with an ex-partner.
“Going to court is expensive, time-consuming and stressful,” he says. “It is also a gamble. You may believe you have a strong case but a judge may disagree.”
Instead of litigation, Demas says he advises clients of three other options: collaborative law, mediation or arbitration.
“Your lawyer can explain the method that best suits you,” he says. “At Demas Schaefer Family Lawyers, we have trained mediators on staff who can negotiate a quick and cost-effective mediated solution for you, or who can conduct a mediation for you and your spouse in an unbiased way. We are also able to represent you as legal counsel and guide you through the mediation process you may have already engaged in with another professional.”
In all cases, Demas says not to involve children in your conflict.
“Avoid disparaging the other parent in front of them,” he says. “What they witness could end up having a negative impact on their mental health and future relationships.”
Demas also advises clients to get their financial houses in order before trying to reach a separation agreement.
“When the decision to divorce is made, you should ensure you have access to all your financial information and documents on pensions, life insurance policies and investments. This information will be important as you move forward,” he says.
