Today, mediation is the fastest growing alternative to more traditional processes for dispute resolution. It is being actively utilized in almost every conceivable type of dispute. With an 80-85% success rate it is wise and relatively inexpensive to try mediation. The only mistake might be not to give it a try.
Family Mediation (Separation and Divorces)
Mediation services to assist couples/parents who are separating or divorcing in finding creative options that will focus on the needs of their children. Facilitation of communication and problem solving regarding questions of child custody, child support, spousal support, division of property, equalization, implementation of domestic contracts and divorce. (Please see article on “Benefits of Mediation“)
Division of Property/Equalization Payment (Using DivorceMate)
Pursuant to the Ontario Family Law Act, when two people enter into a marriage, each person becomes entitled to an equal share of the profit of that marriage. So when a marriage ends, the law stipulates that the value of any kind of property that was acquired by a spouse during marriage and still exists at time of separation must be equally divided between the spouses. Please note that the law also provides that any increase in value of any property owned by one of the spouses prior to the marriage has to be shared. The payment that may be owed to one spouse is what we call “Equalization payment” or “Equalization of Net Family Property”.
Child support calculations (Using DivorceMate)
Child support in Ontario is calculated according to the Federal Child Support Guidelines, as defined in s. 2(1) of the Divorce Act or in the case of unmarried couples or parents the Child Support Guidelines as defined in s. 1(1) of the Family Law Act. Support is based on the income of the “Payor” or in the case of a shared custody arrangement on the income of both parents and the number of children. Please note that child support does continue beyond 18 years of age if your child or children are completing a post-secondary education.
Spousal support calculations (Using DivorceMate)
The “Spousal Support Advisory Guidelines” suggest appropriate ranges of support in a variety of situations for spouses entitled to support. The guidelines do not provide advice on whether a spouse is entitled to support. In each case, entitlement to support depends on how the law applies to their situation. Keep in mind that contrary to the “child support guidelines” which are law and required to be followed by the courts, “Spousal Support Advisory Guidelines” are not binding and are only to be used as a guide. (What is Spousal Support and am I entitled to it?)
Parenting Plans
Mediation and Facilitation services to assist parents in the creation of a parenting plan which focuses on the interests and needs of the children. (“Parenting Plans“). We also provide co-parents assistance in their yearly parenting Plan reviews.
Separation Agreements
With the assistance of your mediator, you will draft your own Separation Agreement. The most important thing to remember when drafting your Separation Agreement is to make sure that you and your spouse provide Full Financial Disclosure.
Once that’s done, then you need to make sure the Agreement addresses the following vital elements; Child Support Obligations according to Provincial Support Guidelines, Spousal Support Guidelines, Net Family Property calculations which includes, Division of assets and debts (Equalization payment), Formal pension valuations (Defined benefit), Notional tax obligations, Settlement of all Parenting arrangements (Parenting Plan), Releases, Future Dispute Resolution clauses, ILAs…
Your Agreement will be legally binding ( assuming full financial disclosure was provided) once it is in writing and signed by each party and a witness.
Any information provided by your mediator or included in your Separation Agreement, is purely an administrative service and does NOT imply nor does it replace any legal advice. The Agreement simply replicates the information received from both of you during the mediation sessions. We always strongly recommend that you retain Independent Legal Advice before signing any documentation.
