You are about to make difficult, life altering decisions. You need to understand your rights and obligations as well as how the mediation process works. A Mediator's primary focus is on resolving issues in a fair and equitable manner, and whereas the mediator works with both parties, they cannot provide independant advice on any legal or financial issues arising during the mediation process. If anyone feels that they need independent advice on any of these matters, they will seek that service through some other means, such as their local court, an EAP Service that provides access to a lawyer, or seek independent advice through a private lawyer, accountant or other professional of their choosing. Click here to Be Prepared.
Planning for what comes next is of the utmost importance, especially if there are children to consider. Always take whatever time you need to read, scrutinize and or, seek advice regarding the agreement you've reached before signing it. The divorce mediated agreement is not only accepted by the courts across Canada, but also highly favoured and encouraged by the family court system. A mediated Separation Agreement you've reached, along with access to professional independent advice if necessary, is considered not only legal, but also binding and enforceable once it becomes part of the divorce order. So, ensure you know and understand what your agreement contains. Click here for help in the planning stage concerning parenting.
Legal advisers now have a duty to encourage you – as their client – to try resolving family law issues out of court through a family dispute resolution process such as mediation.
Divorce Can Involve The Entire Family
When parents separate, children often need their extended families more than ever. The grandparents and the extended families on both sides can be a resource for the parents and the children.
Whether you are potentially a paying parent in a family court action or a parent potentially in receipt of child support payments, you can use the Nova Scotia child support calculator to get a base idea of what the amount could be.
The Divorce Act states that you need to try to solve your family law issues by using family dispute resolution, or mediation, if it is appropriate. However, only a lawyer can provide legal advice.
One of the many benefits of divorce mediation is that it allows you to choose if, and how much you want or need to involve lawyers, accountants, or other professionals in your process. But you are ALWAYS advised to receive independent legal, financial, or other professional advice regarding your divorce as part of the process, and before you sign any agreement. Depending on your personal situation, however, this does not mean that you are compelled to involve them in the negotiations. Moreover, these professionals will ensure that you understand your rights and obligations. The mediator will welcome all specialists into the process according to your mutual and agreed upon directions.