What are my options to resolve family law issues in Toronto?
To resolve a family law issue in Toronto, your options include:
- Negotiating an agreement;
- Collaborative family law;
- Arbitration; and,
- Going to court (also known as litigation).
Different options are/become more appropriate depending on the circumstances of each individual case.
Negotiating an agreement on your family law issues in Toronto requires that the couple in question comes to a consensus on the terms of the divorce.
Collaborative family law is a method to obtain a legal divorce in Ontario while avoiding the court process and the uncertain outcome of taking the case to trial. In collaborative family law the couple in question attempts to achieve a settlement that meets both of their specific needs and the needs of their children. The process requires both spouses to voluntarily sign a contract, often referred to as a participation agreement that binds each one of them to the process and states that they forfeit the rights of their lawyers to defend them in any form of litigation. There are pros and cons to this type of family law and those need to be vetted and understood prior to the signing of any participation agreement.
Arbitration in Ontario is considered to be another alternative of dispute resolution, which is a method of resolving disputes while avoiding the courts. Arbitration in Ontario requires that both parties agree to negotiate. On issues upon which they cannot come to an agreement, the parties agree to let an individual, referred to as an arbitrator, make a binding decision. This means that a third party will be granted the right to review the information presented by both sides and make a legally binding decision.
Alternatively, if both spouses cannot come to an agreement on the terms of their divorce, they may present their cases in front of an Ontario judge. Ultimately, the Ontario judge then takes the positions presented before them into consideration when making a legally binding decision, referred to as a court order, on the terms of the divorce.
