Canada’s Family Law Act that became effective in March 2013 may provide a greater ability for family disputes to remain out of the courtroom. The law provides for out-of-court action through mediation to resolve family disputes associated with divorce proceedings. Although a decision to go to mediation might be mutual, in some venues, one party can force mediation by serving notice on another.

As mediation is explored, projects are underway to promote this method of resolving differences. For example, the Legal Services Society has piloted a mediation referral project. This may benefit low-income individuals who might not be eligible for legal aid, allowing them to obtain services related to mediation. The provision of six hours of mediation assistance may be subsidized with additional services at low costs if the six-hour period is insufficient to resolve all disputes. Costs for additional services are to be computed based on a party’s assets and income.

Leaders indicate their appreciation of this method because it involves families in formulating solutions and resolving their own disputes. Additionally, the costs are much lower than those associated with going to trial. Mediation is estimated to cost less than $2,000 total, shared among all parties, whereas a family case can cost nearly $15,000 per party. Leaders express hope that the process will spread to outlying communities, but there are obstacles in finding resources and qualified professionals to provide these services. Statistics for 2013 note that all issues were resolved in approximately 80 percent of cases.

An individual dealing with a divorce may find that mediation is an affordable option for addressing child custody, spousal support and property division. Legal assistance might be helpful during such proceedings to ensure that implications of various decisions are thoroughly understood before a final agreement is made.

Source: Vancouver Sun, “Ian Mulgrew: Family mediation keeps divorce out of the courtroom “, Ian Mulgrew, January 01, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Some British Columbia residents might not be aware that an uncontested divorce is more easily resolved than a contested divorce. The reason being that the spouses in an uncontested divorce essentially agree to the terms of a settlement without the intervention of a court.

Also called an undefended divorce, an uncontested divorce requires that both spouses are, for the most part, in agreement about the major matters that need to be resolved when a marriage is dissolved. These include asset division, spousal support and child support.

In an uncontested divorce, spouses must agree on nearly every aspect of the divorce as well as on the divorce itself, meaning that one partner cannot hold reservations about going through with the dissolution. Yet, an uncontested divorce is not necessarily synonymous with an easy divorce. For, the divorce-related matters still require settling.

For instance, divorcing couples must decide on how they will divide their debts between themselves. Parenting agreements must also be made, especially with regard to custody, visitation and financial support.

All divorces, including the uncontested type, demand a significant degree of planning. For example, there are residency requirements that must be met. To file for divorce in British Columbia, it is required that at least one spouse has lived in the area for a minimum of one year. If there are disputes about assets, liabilities, child care or any other significant issue, an uncontested divorce may not be possible.

Regardless of how simple a divorce may appear to be, there is no guarantee that it will be easy. For this reason, spouses considering a divorce often rely on the counsel and representation of a divorce lawyer, who may help individual spouses obtain fair and even favorable settlements.

Source: Family Law in British Columbia, “How to do your own undefended (uncontested) divorce“, November 11, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370