Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 11-30-2005, 09:33 AM
hubby's Avatar
Senior Member
 
Join Date: Nov 2005
Posts: 522
hubby will become famous soon enough
Default Options to Consider?

When in the process of divorcing, what are some options for both parents to consider when drafting up the seperation agreement?

1. Child Support
2. Spousal Support
3. Custody and Visitation
4. Parent Plan

Others?
  #2 (permalink)  
Old 11-30-2005, 11:55 AM
Lindsay's Avatar
Senior Member
 
Join Date: Oct 2005
Location: Ottawa, Ontario
Posts: 378
Lindsay has a spectacular aura aboutLindsay has a spectacular aura aboutLindsay has a spectacular aura about
Default

Hi hubby,

In regards to issues that just relate to the children, a few examples of what you may also want to include are a schedule for specific holiday access, special and extraordinary expenses and how they are to be shared, and plans for support while the children attend at post-secondary education. There are also smaller details that must be addressed, which are no less important than the major sections, such as daily commuication with the children, plans for travelling with the children, make-up time, access to grandparents or other family members, etc.

Lindsay

Last edited by Lindsay; 11-30-2005 at 11:58 AM.
  #3 (permalink)  
Old 12-06-2005, 11:49 AM
hubby's Avatar
Senior Member
 
Join Date: Nov 2005
Posts: 522
hubby will become famous soon enough
Default Where to get?

So where does one get this type of 'detailed' information to discuss with the other half?

In other words, a checklist of sorts that both parties can go through to ensure most of the bases are covered?

Once covered, then have a lawyer draft up the seperation agreement. This back and forth stuff ... is timely and potentially costly.

Hubby
  #4 (permalink)  
Old 12-06-2005, 12:07 PM
Lindsay's Avatar
Senior Member
 
Join Date: Oct 2005
Location: Ottawa, Ontario
Posts: 378
Lindsay has a spectacular aura aboutLindsay has a spectacular aura aboutLindsay has a spectacular aura about
Default

Hi hubby,

It's best to sit down and go through everything that you and your spouse may have to deal with in regards to the separation, such as the issues I mentioned in my previous post. Sometimes, however, issues are missed or the parties find it difficult to communicate with each other. If communication is an issue, that parties may want to consider writing down their own position on each issue, exchanging outlines with each other and negotiating from there.

Some law firms provide their clients with an information form to fill out for the purposes of drafting a separation agreement, so the information form can be used as a guideline as to what you and your spouse must discuss. But, to start, here is an idea of the kinds of issues that would need to be dealt with:

Custody and access
Joint custody or sole custody
Primary residence
Access
Holidays
Removing child from jurisdiction
Changing name of children
Passports
Grandparent visitation
School commitments and extra-curricular activities (lessons etc.)

Equalization of assets
Matrimonial home
Personal property
Motor vehicles
RRSPs
Investments and savings
Employment and pension benefits
Canada pension plan
Other property
Debts
Property prior to marriage
Equalization payment
Income tax issues

Spousal support
Release of spousal support
Amount of support
Term of support
Cost-of-living adjustments

To keep costs down, the more prepared you are before arranging for a separation agreement to be drafted, the better. But, there are some issues that simply cannot be agreed upon. If that is the case, the parties may want to consider mediation or negotiation through counsel.

Lindsay

Last edited by Lindsay; 12-06-2005 at 12:13 PM.
  #5 (permalink)  
Old 12-06-2005, 12:25 PM
hubby's Avatar
Senior Member
 
Join Date: Nov 2005
Posts: 522
hubby will become famous soon enough
Default Other MAJOR areas to consider?

Aside from the MAJOR items you discussed Lindsay, are there any other MAJOR areas to consider?

Others are more than welcome to contribute their thoughts based on their experiences.

Hubby
  #6 (permalink)  
Old 12-06-2005, 07:11 PM
Senior Member
 
Join Date: Oct 2005
Posts: 860
Grace has a spectacular aura aboutGrace has a spectacular aura about
Default

Parenting Plan, Mobility, Education, Religious Upbringing, Section 7 expenses, medical/dental expenses, insurance, ongoing disclosure, dispute resolution, mortgage, confidentiality, independent legal advice, legal fees.
  #7 (permalink)  
Old 12-07-2005, 08:45 AM
hubby's Avatar
Senior Member
 
Join Date: Nov 2005
Posts: 522
hubby will become famous soon enough
Default Wow

Thanks Grace.

So Lindsay, are these options also considered, amongst others when working with your firm to 'draft' up a seperation agreement?

Hubby
  #8 (permalink)  
Old 12-07-2005, 11:16 AM
Lindsay's Avatar
Senior Member
 
Join Date: Oct 2005
Location: Ottawa, Ontario
Posts: 378
Lindsay has a spectacular aura aboutLindsay has a spectacular aura aboutLindsay has a spectacular aura about
Default

hi hubby,

Absolutely. We start with a draft agreement that contains every possible scenario. The clauses that do not apply to each particular case are edited or weeded out.

Lindsay
  #9 (permalink)  
Old 12-07-2005, 03:09 PM
Senior Member
 
Join Date: Oct 2005
Posts: 860
Grace has a spectacular aura aboutGrace has a spectacular aura about
Default

Isn't there software available, i.e. Divorcemate, that Hubby could use to draft his own agreement then take to the lawyer?
  #10 (permalink)  
Old 12-08-2005, 09:01 AM
hubby's Avatar
Senior Member
 
Join Date: Nov 2005
Posts: 522
hubby will become famous soon enough
Default Divorcemate

Interesting.

This must be the same software many legal firms use ... interestingly, they have tools to calculate child and spousal support on the fly.

Hubby
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -4. The time now is 07:37 AM.