Options to Consider?

[hubby]

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?

[Lindsay]

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

[hubby]

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

[Lindsay]

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

[hubby]

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

[Grace]

Parenting Plan, Mobility, Education, Religious Upbringing, Section 7 expenses, medical/dental expenses, insurance, ongoing disclosure, dispute resolution, mortgage, confidentiality, independent legal advice, legal fees.

[hubby]

Wow

Thanks Grace.

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

Hubby

[Lindsay]

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

[Grace]

Isn't there software available, i.e. Divorcemate, that Hubby could use to draft his own agreement then take to the lawyer?

[hubby]

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

[Lindsay]

That's right hubby. We do have Divorcemate software that helps us merge court documents and arrange child support, spousal support and life insurance scenarios, but this program does not help us with drafting the actual agreement. All family lawyers have separation agreement software. Each program is not exactly the same but will still contain the appriopriate sections.

Although a lot of couples purchase and complete an agreement offered in book or office supply stores and then submit it to our office so that we may draft a new agreement, I personally find our office's own information sheet more useful, simply because it gives us all of the information we need to get a separation agreement completed.

So, you don't have to have everything drafted up before you hire a lawyer to draft a whole new separation agreement for you. Any additional information is always helpful, but it is not really necessary for clients to go that extra mile.

Lindsay