Over 40% of Marriages End In Divorce
Separation and Divorce - We Can Assist
You Made The Hardest Decision
- To Separate / Divorce
We Can Render You Professional Help
Separation and divorce
Over 40% of marriages end in divorce. Going through a separation and divorce is a difficult time filled with loss, emotion and insecurity. It affects families, friends and children. Critical decisions must be made regarding finances, children and your future.
Getting a divorce doesn’t have to mean years wasted, assets lost and relationships destroyed. Instead of hiring adversarial divorce lawyers, our chartered financial divorce specialist will assist and educate you with the financial aspects of separation and divorce, our mediator can help you find a mutually agreeable resolution, and our paralegal can prepare your separation agreement and/or divorce documents, while preserving your assets and protecting your children from a painful litigation process.
Divorce is never stress-free but the WIN/WIN Divorce Resolution process keeps conflict to a minimum while providing an opportunity for a more positive future co-parenting relationship.
What to expect during the preparation of separation agreements
Here’s what the process will typically involve:
- We will meet with you, individually, or with both you and your spouse for an intake application to obtain all details for your separation agreement.
– If you and your spouse have already decided on the terms of your agreement, you will need to provide all the details of the agreement made.
– If you have attended at mediation, the negotiations and the terms of your settlement will be documented in a mediation report. - We will prepare the separation agreement based on the terms negotiated and details provided by you and/or your mediation report.
- Within a week of meeting with you, we will provide a draft of your separation agreement for your review, via email or any other preferred form of delivery.
- Once you have reviewed the agreement and confirmed the contents of the agreement is exactly as you want it, the agreement will be finalized for execution.
- Each party must attend with a lawyer to sign a separation agreement and have the attached Certificate of Independent Legal Advice signed by the lawyer. The lawyer will ensure you understand your rights and obligations under the relevant Acts, ensure you understand the contents of the agreement and ensure the agreement made is fair. We will provide you with a list of names and contact information for lawyers you may contact to meet with to sign your separation agreement.
Uncontested divorce
If you and your spouse have entered into an agreement and/or agreed on all the terms for your divorce, you will have an uncontested divorce.
WIN/WIN Divorce Resolution makes the divorce process simple, affordable, stress-free and as quick as possible. We specialize in helping people obtain an uncontested divorce, handling the process from start to finish, allowing you to focus on yourself, your children and future.
How do you come to the terms of an agreement?
- Mediation if you have issues of contention, we can help you discuss and find mutually acceptable solutions
- Chartered Financial Divorce Specialist to ensure you both understand the financial implications of your decision, we offer the services of a chartered financial divorce specialist. That way the details of division of assets, child support, spouse support and other financial issues will be dealt with efficiently and fairly, for both parties.
Sole divorce or Joint divorce?
There are two ways to file for a divorce. The traditional way to file for divorce is a “sole” divorce, or you and your spouse can file for divorce jointly.
A Sole Divorce is one where the divorce documents are signed and filed by one spouse, then personally served on the other spouse by a third party. Because one spouse is “suing” the other for divorce, a sole divorce is more adversarial in nature. The spouse filing for divorce is called the Plaintiff and the party being sued/served is called the Defendant.
Even a sole divorce can be uncontested if the Defendant spouse agrees with everything and does not file a defence in response to the initial divorce document, in which case, the divorce proceeds “uncontested” and the Plaintiff spouse then proceeds with filing the final divorce papers.
With a Joint Divorce, both parties sign all divorce documents together. [Note: they do not appear at the courthouse together – I do everything.] There is no service of documents required thereby reducing the processing time for your divorce. Applying for a divorce jointly does require the utmost of cooperation between both spouses.
Preparing divorce documents
- You must be separated from your spouse;
- You or your spouse must be a resident in the Province of Alberta for a minimum of one year prior to beginning the divorce process; and
- You and your spouse must agree on all issues such as parenting arrangements, child support, spousal support, division of property, debt and other financial matters or your divorce may be contested.
Mediation
Mediation providing options and assisting you with resolving matters to reach an agreement when dividing property, dealing with parenting matters, child support & spousal support. Learn more here
Uncontested Divorces
Separation Agreements & Uncontested Divorce We work closely with you to prepare your comprehensive separation agreement and/or uncontested divorce documents Learn more here
Paralegal Services
As qualified paralegals, we are able to offer a range of additional paralegal services such as pre-nuptial, co-habitation and separation agreements, transfers of land… Learn more here
Parenting after Separation
Parenting After Separation Course is a two hour on-line course or a six hour seminar offering information to guardians and parents about the separation and divorce process, the effects of separation and divorce on children… Learn more here
IMPORTANT DISCLAIMER: At WIN/WIN Divorce Resolution we will provide you with information but we do not offer legal advice. Should you require legal advice, you should consult with a lawyer specializing in family law. If you do not have a lawyer, we can refer you to a lawyer to obtain legal advice.