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Negotiating Your Divorce / Separation

At Settle Now Online we use Interest Based Negotiation to help couples reach settlements.  

We use a five step approach which has been proved the effective for method to reach settlement:

Step one – what is important to you?

The first question is what is important to you coming out of the separation. Is it dignity? The best interests of your children? Getting on with your life? Obtaining a reasonable settlement? All of these and more?

Once you decide what is important then your negotiations can focus on success. Both you and your spouse will share many common goals and only have a few areas where your interests could conflict.

Step two – what do we need to talk about?

What do the two of you need to settle? What about the house? The kids?  How will you pay bills? How will you share financial responsibilities? How will support be paid? How will you pay your debts? How can you parent together?

Once we know what we need to talk about, we have a complete agenda to help ensure a successful negotiation.

Step three – what information do we need?

You need accurate and understandable information to be able to make decisions and come up with options. At settlenow.online we give you comprehensive guidance as to the information you both need about your finances and about your children that help ensure you are both fully informed before you make any life-changing decisions.

Make sure you have information you need.

Step four – with choices do we have?

There are many choices you and your spouse may have. Who is going to keep the house or should it be sold? What type of parenting arrangement can we set up for the kids? How much support do we need to pay? What activities can we put the children in and how can we decide that? How would we pay our debts? How do we divide our assets? 

Generally, there are several different ways that each of you can address your fundamental needs.

Most of the time, separating couples can both get what they want. 

You get there by cooperation not competition.

Step five – what can we agree to?

Once you know what you want, know what you need to decide, have the information and have some options, you are in a position to come to an agreement. You need to understand the information you have and how that can help you meet your needs to make an informed decision.  

Most couples can go back and forth and realize that there are only ever a few points they genuinely disagree about. If you are prepared to agree to outside standards such as what a judge might do as a guide to decide you are likely to get to the agreement.

By spending the time and making the commitment to negotiate in good faith in an interest-based process you and your spouse have a great opportunity for success!

Frequently asked questions

 

At SettleNow.Online, we deal with separation and divorce differently. For most couples, divorce/separation is pretty simple. However, the legal system makes it complicated. Learn more about how SettleNow.Online works here.

Yes – if you want to go to court in Regina or Prince Albert you must engage in one of four early dispute resolution processes (mediation, arbitration, collaborative law or parenting coordination) before the court will allow you to bring a court application. A judge can waive this requirement in exceptional situations.

Yes – we will help you get an agreement which you can use to obtain your divorce.

Yes – whether you’re married or unmarried, our agreements can help you deal with questions arising from separation.

Our website provides you with basic information about settlement, and various aspects of divorce, how to approach divorce or separation.

Often people are not emotionally ready or are not certain as to whether divorce is for them and should consider seeing a family counsellor or other mental health professional about whether they should separate or try to stay together.

We do not provide legal advice but with legal information. Any agreement for dividing property must be reviewed and signed by a lawyer. We will help you with that process.
If you have a question we will get back to you within 24 hours on any technical issues that you may have. We use backup systems for when our technology is not working.

Yes – For any valid mediation or any valid contract, both you and your spouse will need to sign any documents either in person or electronically.

You do not need to use the same computer or be on a computer at the same time. You can access our site through any device at a time that works for you. Sometimes we will expect both of you to be electronically present at a meeting where everyone will attend through the use of online conferencing technology.

We provide basic information about the law in Saskatchewan and how it works. Specific legal questions need to be answered by a lawyer.
Unfortunately, if you’re unable to locate or get a hold of your spouse, we cannot help you. You may need to review this with a lawyer who can try to get you legal relief even when your spouse cannot be found.
No – we can put in our agreement how you will get your divorce, who will do it how you will share the cost.
We can provide you with a certificate of completion of mediation that will allow you to go to Court if you do not settle. However, if you are married you will need to go to court to obtain a divorce. This is simple if you have settled. If you are not married, you may never need to go to court.
Most often, people at the start of a divorce do not feel that they will be able to settle anything but once a proper mediation process is used, they find that they can settle everything. We can prepare a partial agreement to settle some issues and leave others to be resolved in other ways through a judge, arbitration, a parenting coordinator or through some other way. Sometimes, some issues never need to be settled.

The costs will depend on how complicated your case is.

An hourly rate will be charged plus PST and GST.

These fees do not include any out-of-pocket costs such as real estate appraisals, personal property valuations, or accountant’s advice which you will be expected to pay directly.

We will consider offering you a “Flat Fee” arrangement depending on your case.

Payment can be made by way of visa or other authorized credit cards, electronic transfer or cheque.

No, but if you have property outside of Saskatchewan different rules may apply. For some rights to exist you must have lived together more than two years.
Settle now is currently only available in Saskatchewan. We hope to expand soon.

Absolutely – and it may be the best way to go. Children are your most important concern. Your children will benefit if you and your spouse can agree.

Absolutely – we provide help gathering information, reviewing it and understanding it.

Absolutely – working together on farms and businesses is more effective because we can get the assistance of qualified financial professionals to review information.

Legal disputes over splitting a farm or business can be extremely costly and take years.

Yes – you can you SettleNow.Online, but it may be more difficult depending on where the children reside primarily. Get in touch with us to explore your options.

No. If there is a family property settlement you will require a lawyer to give you independent advice and perhaps for finalizing the transfer of assets.

Click here to learn more about whether you need a lawyer, how to find one, and more.

Choose a lawyer who has your best interests at heart. Check to see if they have training in mediation or collaborative law.  Make sure that the lawyer understands your goals and desire to settle. If they start talking about court early, question them about whether your case will ever go to trial.

Yes. If you need to discuss anything with your lawyer you should do so whenever the situation arises. They can also communicate with the mediator and review any documents that have been produced.

Your lawyer can attend any meetings you want them to at your cost.

Everyone deserves a fresh start.

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