Parenting Issues
If you and your separated spouse have children, parenting arrangements are likely the most important area of concern. Although you are separating you will continue to be parents to your children for the rest of your life. It is time to reshape your relationship so that you can both live separate lives and at the same time effectively co-parent your children. The issues can seem endless: from the residency schedule, child support, parental communication, consenting to travel outside the country, moving the children’s residence to the relationship with a parent’s new partner.
Mediation is especially well suited for separating parents since you will continue to have a co-parenting relationship. It is best for your children to avoid conflict and ensure one going communication.
Financial Mediation
Financial issues in family mediation involve property equalization, child support and spousal support. For some this can seem extremely complicated. ASR Ottawa Family Law Mediators work closely with you and your separated spouse and if appropriate, your lawyer, to resolve the financial challenges you face.
Full financial disclosure is a must for our mediation services. The law of Ontario requires full disclosure of financial information in order to enter into a binding separation agreement that will be upheld by the courts.
As your mediator, we explain in general terms the law applicable to your financial issues and help you focus on what a judge would take into consideration before making a decision. We at ASR Ottawa Family Law Mediators consider this vital as it helps you and your separated spouse understand how your financial concerns would be addressed if presented to the Court. Although as your mediator we provide you with this legal information we cannot give you legal advice that is particular to your specific questions. Such concerns must be directed to your lawyer who you will consult with during the mediation process or at the conclusion of the mediation process to provide you independent legal advice.
While we at ASR Ottawa Family Law Mediators encourage parties to make their own decisions that fit their specific situation, if we consider such a settlement proposal to be drastically unfair to either you or your separated spouse, we will discuss our concerns with you both and direct you to receive legal advice on any areas of concern. Such direction for legal advice will also be given where there is more than one settlement option on the table, and the parties need help weighing the pros and cons of all options.
Examples of Issue To Be Resolved In Mediation
I – Division of Property
- Determine what property has to be equalized
- Do the parties agree on the value? If not, how is the property to be valued?
- Considerations about what will happen with the matrimonial home?
- How will you divide the household contents?
- Are there pensions to be valued? If so, how to start the valuation process?
- Were there any assets or debts before the marriage?
- Was there an inheritance during the marriage for either spouse?
- Debts during the marriage;
- What happens to businesses owned by the spouses together or separately?
II – Spousal Support
- Is spousal support a consideration? For how much and for how long?
- What are the tax implications of spousal support?
- What will trigger a change or end to spousal support?
III – Child Support
- Is child support an issue?
- What amount of child support is appropriate? What does it cover?
- Sharing of expenses.
- Will there be an education fund?
IV – Medical/Dental Expenses
If you have insurance through your employer, many expenses could be covered, but you need to think about coverage for the children, and possibly the other parent, and how this coverage will occur. If there is no medical coverage available through either parent, then you have to consider:
- Who pays for medical/dental expenses for the children or the other parent?
- What does the coverage include?
V – Life Insurance
Life insurance is usually in place for most people. Be aware of the type of policy/policies you and your partner have.
- Will the beneficiary stay the same or change?
- Who will pay the premiums?
- Is insurance needed to protect support?
This is not an exhaustive list. ASR Ottawa Family Law Mediators and the parties may identify other family law issues as the mediation process unfolds.