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There are a lot of reasons why so many people are choosing to resolve matters arising from separation outside of the court system. Some of the big ones include: (1) Confidentiality - many personal and financial details can otherwise become part of the filed court documents; (2) Creativity - working together offers many more options regarding how to calculate and when to review support arrangements; 3) Flexibility - people may share or transfer assets how and when they choose, including maintaining joint ownership for a time to maximize value; (4) Mechanisms to deal with future changes or disagreements; (5) Resources - parties can work with a financial professional to learn how to best use and protect their assets and income or if there are children, parents can choose to work with a family specialist; and (6) Expert advice - differences in professional opinions can be explored cooperatively and often at lower cost than formal assessments. Take the time to explore your options and choose the best process for your family.

When it comes to legal matters, most disputes involve some kind of communication breakdown or miscommunication. And when the dispute occurs around a family member’s estate, it usually arises after the family member has died, making it impossible to sort out easily. Having a well-drafted and clearly worded will goes a long way to fending off confusion about your intentions but even with a carefully drafted document, different interpretations may come up. The best way to ensure that your wishes are followed and that any potential challenges are headed off or dealt with efficiently, is to speak with your family before your death – with your personal representative, your beneficiaries, and other family members who may have a voice. While these conversations may seem difficult to have, it will pay big dividends later on, when you may not be around any longer to clarify matters, and your family will thank-you for making the effort to be understood during your lifetime. If you have questions about estate planning or how to approach getting your affairs in order, please contact us.

Not only is a good personality fit important, but make sure you retain a lawyer with the right skills for the job you need done. Just as you would not seek medical advice for a heart condition from a podiatrist, you should understand what skills your lawyer needs to have to support you and what skills your lawyer feels are their strongest. Lawyers have knowledge in several areas of the law but a lot of knowledge in only some areas of law. This also applies to the skills used in their approach. A lawyer may have excellent litigation skills but if those skills are not as strong as their negotiation skills, retaining that lawyer may not be the best approach for you. Similarly, if a lawyer has spent significant time learning and using a skill-set like interest-based negotiation, which is used in the Collaborative Process, then this lawyer will be best suited to support you in negotiating outside of court and in the Collaborative Process. For more information, contact us - we’re happy to help.

If you are planning to travel outside of Canada with a minor child (ren) without the other parent and do not have a Court Order allowing this, you will need a Travel Consent signed by the non-travelling parent (whether married, separated or divorced) . Certain airlines or officials at Canadian borders may request proof of consent if travelling with a minor, either leaving Canada or re-entering Canada, or both. Children may be denied entry into or leaving from Canada if they don’t have a signed Travel Consent. A Travel Consent should include the dates of travel, and all of the destinations for the trip. Any adult may witness the signing by the non-travelling parent of a Travel Consent, but it is strongly recommended that a notary public witness and sign the Consent as border officials may be less likely to question its authenticity. Visit https://travel.gc.ca/travelling/children/consent-letter for more details or contact us to have one of our lawyers, who are also notary publics, assist you with your Travel Consent.

While the actual moving day will be hectic, from your lawyer’s view, it can be done. However, if for some unanticipated reason, your sale closing is delayed and the money is received late at your lawyer’s office, the money will not be available to complete your purchase. Your taking possession of the new home may also be delayed and you may have to pay interest to the seller for the delay. To avoid a stressful situation, it is recommended that you have another source of money available to close the purchase of your new home so you do not have to depend on the sale proceeds. Ask your mortgage lender about interim or bridge financing. This arrangement will give you peace of mind, as the money will be there to complete the purchase if needed. Your lawyer will pay back the bridge loan from the sale proceeds. And, if you are getting bridge financing, still consider a closing/possession date of your home a few weeks before your sale closes. This should make the move more leisurely and less stressful.

If you have recently separated, your thoughts may be turning toward planning Easter for your children. How will this Easter be the same or different for your children now that you’ve separated from the children’s other parent? When making plans, we encourage you to focus on your children: what do they look forward to at Easter? Is there a way you and the children’s other parent can cooperate to host something together or how will Easter look in each of your homes this year? As you work through creating your parenting plan, think about each holiday or special occasion and the traditions you have that you wish to continue and also about new traditions that you can create. Think about how to include extended family, as you have in the past, or in a new way. And, most importantly, think about what each of you can do to ensure that the holiday is conflict-free and enjoyable for your kids. If you have questions on how to navigate this, please contact us. We’re happy to help and to provide resources.