Divorce and Separation Contracts

LITIGATION IS ONE OPTION. SETTLING AMICABLY IS ANOTHER. TAKE CONTROL OVER THE PROCESS.

At GDE FAMILY LAW, we can draft your Divorce or Separation Contract to ensure a fair and equitable settlement. If your Contract has already been drafted, we can provide you with the Independent Legal Advice (“I.L.A.”) you require to ensure that you understand the terms of the Contract and have completed due diligence on your behalf. I.L.A. is necessary for any Contract to hold up in Court, should it ever be challenged by your partner or spouse.

Only a small percentage of family law disputes are resolved by a Trial. These days, there are many other options for people, to save both time – and money. Most parties are able to resolve their issue(s) by Contract, either through negotiation, mediation, through their respective counsel, or on their own and convert to a “Consent Order”. It is important that your Contract be comprehensive, clearly written and designed to stand the test of time. GDE FAMILY LAW has extensive experience in preparing all types Contracts and proposed forms of Consent Order(s) that are thorough and clearly reflect the wishes of their clients. Contracts are used to resolve matters in many situations either individually or to wholly resolve a combination of issue(s) you face.

Separating parties, whether married or unmarried, can resolve some or all of their issues by written Contract. Contracts can be complete and comprehensive, resolving all the issues in dispute or they may be Contracts that resolve only one or two of the issues that the parties have. Contracts can be temporary (or interim) or they can be final. Some types of Contracts that deal with “post relationship” scenarios include the following examples:

PARENTING CONTRACTS

YOUR CHILDREN REQUIRE CONSISTENCY AND STABILITY; SO DO YOU.

Where there are children involved, a Parenting Contract can assist parties in moving forward in a cooperative way that minimizes the impact of the separation on the children by ensuring that everyone is aware of the access or parenting schedule; and can manage expectations, especially those of the children involved.

SUPPORT CONTRACTS

Support Contracts can resolve disputes about child or spousal support and extra costs for the children (such as childcare costs, medical dental coverage, extracurricular activities, post secondary education).

PROPERTY CONTRACTS

Contracts made between spouses or unmarried couples to resolve how their property will be divided. Where parties are married, the Matrimonial Property Act, RSA 2000, c M-8 must be complied with in order to have a binding Contract.

SEPARATION CONTRACTS

A Separation Contract resolves some or all of the issues in dispute for unmarried couples or for married couples that wish to resolve their property and other issues but may not be wishing to proceed to divorce at this time.

MINUTES OF SETTLEMENT AND DIVORCE & PROPERTY CONTRACTS

These Contracts are generally complete Contracts, designed to wholly resolve all of a divorcing or separating couples’ issues.

“CURRENT RELATIONSHIP” CONTRACTS

YOU’RE NOT SEPARATING; BUT WANT CERTAINTY IN THE FUTURE.

Parties who wish to live with each other often wish to clarify in a formal, legally binding contract, their expectations regarding their finances and property during their relationship and what will happen should the parties separate or should a party die. There are several types of Contracts:

COHABITATION CONTRACTS

Contracts made between two parties who intend to live together in a committed relationship.

PRENUPTIAL CONTRACTS

Contracts made by a husband and wife in anticipation of their marriage.

POSTNUPTIAL CONTRACTS

Contracts made by a husband and wife after the date of marriage.

ADULT INTERDEPENDENT RELATIONSHIP CONTRACTS

Contracts made between unmarried parties who are residing together in a relationship of economic and emotional interdependence.

Drafting comprehensive and precise legal documents that can serve to protect your interests, both now and in the future, is an area of specialization at GDE FAMILY LAW. Contact us today to find out more about Divorce and Separation Contracts, and how they may apply to you.