What Is an AmicableDivorce in Toronto?
An amicable divorce is where both parties are willing to negotiate and come to an agreement on various important legal issues surrounding separation and divorce, including division of assets and debts, child custody and access, child support, and spousal support. Amicable divorces are less stressful for both parties, as well as their minor children. Courts also tend to look more favorably on separation and divorce agreements submitted for approval during an amicable divorce proceeding.
The steps to obtaining an amicable divorce starts with first contacting and retaining the services of a Toronto family lawyer, like here at Niroomand Family Law. Your lawyer will conduct an interview and ask you various questions in regards to income, assets, debts, and children, as well as what it is you want and expect to receive as a fair settlement. The information you provide is used to draft and prepare a separation agreement.
Once the agreement has been prepared, a copy is sent to the other person’s lawyer for them to review. During this time, your divorce lawyer will ask you to gather financial information, including a list of martial assets and debts, as well as all sources of income. Both party’s lawyers exchange and compare financial information provided by each party on behalf of their clients.
The purpose of financial information is to determine whether one party might be entitled to spousal support, verify assets and debts are divided fairly, and establish child support. In addition, the information is used to evaluate whether one party has the right to pensions and other retirement benefits from the other party, later in life, even after the divorce is finalized.
Next, both parties will meet with their lawyers to conduct negotiations and work out any remaining issues. Then a final separation agreement is drafted and presented to both parties for their approval. Your lawyer will review the agreement with you and explain it in detail. If there are any discrepancies, your lawyer can request amendments to the agreement. Lastly, after both spouses agree to the finalized separation agreement, with any added amendments, it is signed and filed with the court. The official separation agreement is a legally binding document.
At Niroomand Family Law we help you prepare a separation agreement for an amicable divorce. Your lawyer will work with you to explore all of your options and provide you with sound legal advice so you can make informed decisions. Our goal is to help you resolve your divorce with the least amount of stress. Feel free to contact our law office at 800-567-0256 for more information about amicable divorce proceedings or to schedule a consultation appointment.