Category: Family Mediation & Civil Mediation

Blogs providing valuable information on civil mediation, family mediation, and alternative dispute resolution (ADR).

What is a Legal Separation Agreement?

/ Mark-John

So you and your partner have decided to separate, what’s next? There is no legal action that you must take to separate from your spouse. However, if you and your former spouse have significant assets or debts, there is a substantial difference in your incomes, or you have children together, you may find it beneficial to deal with all or some of these issues by way of an agreement. We refer to this type of agreement as a separation agreement.

The Family Law Act is the law which governs separation in British Columbia for married spouses in all cases and unmarried spouses in some cases (i.e. couples living together in a marriage-like relationship for two years or more and couples who have children together).

Should you and your partner not be able to agree on such issues as; property division, spousal support, child support, or parenting then you may want to consider mediation or collaborative divorce to help resolve those issues.  Going to court to resolve outstanding issues should be a last resort, as going to court is expensive and adversarial.

Note that while a separation agreement can settle most matters, it does not cause you to be divorced and you must apply to the courts for a divorce order. For more information on the difference between divorce and separation, please see the article, “Divorce vs. Separation – What is the Difference?”.

We hope this article helps answer your question “What is a Legal Separation Agreement?”. Should you have any questions or require help with drafting a separation agreement, please contact us at 604-449-7779.

Divorce vs. Separation – What is the Difference?

/ Mark-John

You may have heard the terms “divorce” and “separation” and wondered whether they are one in the same or how they are different. You may be wondering whether you need to get a divorce and whether you already separated. This article “Divorce vs. Separation – What is the Difference?” aims to clear up the confusion by breaking down the legal differences between each term.

 What is a Divorce?

A divorce is the legal process that terminates a marriage. If a divorce is granted you will receive a certificate recognizing the divorce. A divorce is only available to married couples. To get a divorce, there must be legal grounds for it. The most common grounds on which to file for a divorce is living separate and apart for one year or more from your partner or spouse.

If your relationship ended over a year ago but you have continued living in the same residence for economic reasons, you may still be able to apply for a divorce. When applying for a divorce, you can apply for other orders such as property division, spousal support, child support, and custody. You must file your application with the Supreme Court of BC, which can be done either solely by yourself or jointly with your ex-spouse if you agree on all the terms of the divorce. If you file solely, be prepared for your ex-spouse to contest your application. Should this happen, we recommend that you seek legal help.

What is a Separation?

Separation refers to when you start living separate and apart from your partner or spouse. A separation is the legal term for the end of a relationship. It is the prelude to a divorce if married or if you are living together, the end of the relationship. It applies equally to married couples and common law spouses. The date of separation is the date you started living separate and apart from your partner or spouse. This is usually when one partner communicated to the other, their intention to end the relationship. Despite common belief, you don’t actually have to take any other steps to become separated. However, we recommend preparing a separation agreement if you and your ex have significant assets or debts, there is a substantial difference in your incomes, or you have children together.

If you and your ex cannot agree on the terms of your separation, you may use the services of a mediator to help facilitate an agreement or apply to the courts for a decision. For more information on mediation, please visit our page “Family Mediation”. To find out more about separation agreements, please see our article “What is a Legal Separation Agreement?”.

 Why get a divorce?

You may be wondering why bother to get a divorce if you have already separated from your married partner or spouse.  You must get a divorce if you are planning to remarry. You cannot get married if you are still legally married to someone else. Otherwise, it is not necessary to get a divorce. However, some people find that it helps bring a sense of finality to the relationship so that both ex-spouses can more easily move on with the next stages of their lives.

We hope this article helps answer your questions “Divorce vs. Separation – What is the Difference?”. Should you have any questions or require help with applying for a divorce or drafting a separation agreement, please contact us at 604-449-7779.

Mediation as an Alternative to Court

/ Mark-John

Mediation is growing fast as an alternative to court. Not only in resolving civil disputes  such as ICBC claims, workplace disputes, estate disputes and business disputes to name just a few, but in all aspects of human conflict. In Small Claims Court, mediation is often the first step in the court process. Also, under the recent Family Law Act, mediation and Alternative Dispute Resolution “ADR” is encouraged as an alternative and preferred way to resolve family disputes. Continue reading →

Dispute Resolution

/ Mark-John

In the practice of law it seems that almost all lawyers do is draft agreements in anticipation of a dispute or dealing with a client who has a dispute with another party. Typically, as a lawyer if a client has a dispute we tend to write some sort of threatening letter and if no satisfactory resolution is found then we commence court action. This adversarial approach to dispute resolution may not necessarily be the best approach for clients.
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Mediation Process

/ Mark-John

Ok, I am thinking of mediation, but how does it work? What is the mediation process? Well, usually the process begins with a one-on-one consultation with each disputant to discuss and assess the issues in dispute. Also, the mediator will try to get a better understanding of the dispute and the personalities involved in the dispute. In this preliminary consultation, the mediator may screen for violence or other potential power imbalances. This is especially true for the family mediation process.
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