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Navigating Separation: Why Professional Assistance Matters, Even in Amicable Divorces

Watch my discussion with Charmaine Panko K.C.

The Complexity of Separation in Saskatchewan and Why Professional Assistance Matters

If you find yourself on the path to separation, even when you and your spouse are parting amicably, it can still be a challenging journey towards reaching a final settlement. This period is marked by significant changes in your life, from starting over in a new frame to adjusting to the altered dynamics of your family. There are numerous decisions to make, and navigating this terrain can be a complex process, emotionally and practically.

The Emotional Turmoil of Separation

Separation signifies a major life transition. It’s not just the end of a marriage or relationship; it’s a fundamental shift in your life, affecting you, your children, and your financial stability. You may be faced with decisions like:

  1. Parenting Plans: How will you co-parent your children? Will it be a 50-50 shared arrangement or something different? How will you handle holidays, child expenses, and important decisions about your children’s lives as they grow?
  2. Family Property: What happens to the family home, your RRSPs, pensions, household contents, investments, businesses, farms, and other assets? How do you address family debt, possibly requiring refinancing or asset sales?
  3. Support: Decisions around child support, shared expenses for the children, and spousal support can be complex and emotional.

The Multitude of Decisions

The separation process can entail hundreds of decisions, each with unique considerations. You’ll need to gather substantial information, such as property valuations, asset and debt assessments, and financial statements, to arrive at these answers. Understanding the worth of your home, pensions, and other assets is crucial. Additionally, you’ll need to review and exchange documents like bank statements, pension statements, and income tax returns.

But how do you make decisions once you have all this information and face this myriad of questions? How do you reach a final settlement, and what’s the best way?

Navigating the Maze of Separation

When you decide to separate, it can feel like you’re entering a maze, with twists and turns before reaching the other side. So, what are your options for finding the best solutions for you and your family and arriving at a comprehensive interspousal settlement agreement and a parenting plan for the future?

Options for Amicable Divorce and Separation in Saskatchewan: Mediation, Collaborative Divorce, and Litigation

You have several choices about how to proceed, even in an amicable separation:

  1. Self-Guided: Some couples attempt to navigate the process on their own without professional assistance. While this is possible, it can be challenging due to the complexities of family law and the emotional toll.
  2. Mediation: Enlisting the help of a family mediator, like myself, can provide a structured and supportive environment for discussing and resolving key issues. Mediation fosters open communication and cooperation, guiding couples towards mutually agreeable solutions.
  3. Collaborative Divorce: Collaborative divorce involves a team of professionals, including lawyers and financial experts, working together to find equitable solutions. It prioritizes respectful negotiations and problem-solving.
  4. Litigation: Sometimes, couples may resort to litigation when they cannot agree on critical matters. This can be time-consuming, expensive, and emotionally taxing.

Why Expert Guidance is Essential for Navigating Separation and Divorce in Saskatchewan

Separation is a significant life transition, and professional assistance is invaluable, even when parting amicably. Whether you choose mediation, collaboration, or another approach, having an experienced mediator or collaborative lawyer by your side can streamline the process, provide emotional support, and ensure that your rights and interests are protected. The journey may be challenging, but with the right guidance, you can navigate it successfully and lay the foundation for a positive future for you and your family.

If you’re navigating the complexities of separation in Saskatchewan and are looking for professional mediation or legal services, contact us today for a confidential consultation. Email brad@settlenow.online to set up a free consultation

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.

Are you ready to start the next chapter of your life?

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