Navigating Divorce Together: Finding the Best Dispute Resolution Process
Divorce undeniably presents its share of challenges, one of which is choosing a dispute resolution process that will work for both spouses. In this blog post, we delve into the range of process options available in Alberta. The range runs from least adversarial, to the most adversarial. At the end of this blog, I include a short critique of the adversarial legal system we currently have in Canada. The four issues about which most separating couples have disputes are property division, parenting schedules, child support and spousal support. Let’s review the dispute resolution processes available. Kitchen Table Separation Agreement An informal separation agreement can be binding and final. There is a 2023 case out of the Supreme Court of Canada, in which the kitchen table agreement between the couple was enforced by the court after the husband had changed his mind two years after signing the agreement. It was an older couple who had been married for about 3 years. The wife had typed up a one page separation agreement setting out that the husband would keep his property, the wife would keep hers, and that their jointly owned house would be sold and the net proceeds of sale split...