You are thinking about separation or have made the decision to separate. What are the next steps?

The following is a translation of the original post from Panorama by our team.

Author: Ewelina Piwowar

After making the decision, it is important to consult with a lawyer to understand the issues that need to be taken into consideration, such as: child custody, child and spousal support, living arrangements after separation, division of assets, etc.

After defining these issues, the question arises about the proper and desirable approach. There are several possible solutions: you can try to reach an agreement directly with your spouse, go to mediation, send a written settlement offer through a lawyer, or organize a meeting with lawyers to reach an amicable solution. In some cases, it may be necessary or preferred to directly initiate legal proceedings. A lawyer will advise you on the best course of action based on your situation.

Photo Credits to Panorama News

The first consultation with the lawyer

The first meeting with a family lawyer is usually a consultation. Before the meeting, the lawyer must ensure that there is no conflict of interest. The purpose of the first meeting is to determine how the lawyer can help in a specific situation, such as obtaining a divorce, negotiating a custody plan, determining the amount of child support, etc. Each case has its own individual scope. The lawyer will ask you many questions to understand the history of your relationship, your family, and your current situation. This is all to understand your case, establish facts, and define your needs. That's why the consultation is so important, as it aims to propose one or more possible steps to achieve the desired goal. During the meeting, the lawyer will also explain the costs that can be expected in your case, depending on the chosen strategy.

What documents should be prepared?

The lawyer will inform you which documents need to be sent to them for consultation in a divorce case. Here are a few basic documents that should be presented to the lawyer when consulting on a divorce case:

• Marriage certificate.

• Child's birth certificate

• Prenuptial agreement (if you have one), tax returns, provincial tax reports for the last 3 years

• A list of your personal assets and liabilities and their values, as well as your spouse's assets, and the last 3 pay stubs or financial statements if you own your own business.

The lawyer will ask you for additional documents depending on the specific circumstances of your situation.

Mediation

Family mediation is an alternative method of resolving conflicts, in which an accredited independent mediator meets with spouses and/or parents and helps them reach an agreement to resolve the effects of their divorce/separation. Mediation programs are also available for parents who want to review a court judgment or settlement. It is a voluntary process, meaning that both parties must agree to participate and can end mediation at any time. The Quebec Ministry of Justice offers five hours of mediation to couples with at least one child in their care. In the case of a judgment or settlement review, the ministry offers two and a half hours of mediation. If an agreement is reached, the mediator will prepare a summary of the mediation agreement. It is strongly recommended to consult with a lawyer to verify and/or approve the agreement by the court. In general, mediation is not recommended in cases of domestic violence or mental health problems.