Month: December 2022

Good Divorce Week 2022 – what is an out of court divorce?

This Good Divorce Week Resolution held a roundtable discussion with MPs in parliament to highlight the extent of delays in the family courts and the impact on families within the backlogged system.

They’re rightfully calling for advice and information on family matters to be universally available so that families are aware there are multiple out of court routes to divorce available to them.

Wherever possible, our aim is to help clients avoid court altogether by using Alternative Dispute Resolution (ADR) such as solicitor negotiation, mediation, collaborative law, or arbitration.

In the right circumstances these approaches can help families to resolve issues and reach agreements amicably and without family court intervention.

What is an out of court divorce?

‘Out of court’ divorces are those where couples negotiate the terms of the divorce without court proceedings.

There are several options available for divorcing couples who wish to achieve an out of court

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Custody, Guardianship, Parenting Time. What Does It Mean?

Clients are often confused about the terms “guardianship”, “custody”, and “parenting time”. There are different terms used for parenting arrangements, depending on which legislation is applicable.

In Canada, the federal Divorce Act and the provincial Family Law Act use different terminology regarding parenting arrangements. In addition, the Divorce Act only applies to people who are married.

The Family Law Act applies to common-law spouses and married couples. In situations where both the Divorce Act and the Family Law Act are applicable, the Divorce Act is generally used due to the principle of paramountcy (which means that where there is an inconsistency between federal and provincial laws, the federal law will take effect).

The Divorce Act

The Divorce Act previously used the terms “custody” and “access”. The Divorce Act has been amended so that the terms “custody” and “access” are no longer used.

The term “custody” relates to the idea of

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