Court should always be a last resort. Going to court (litigating) gives a judge in a public court system the power to make and impose decisions on you. All financial and other information about you and your family are open to the public to read. Proceedings in the courtroom itself are also open to the public. Couples separating are free to settle and reorganize their own affairs as they please through various alternatives to court. Legal advice prior to negotiating directly with your spouse is the best way to ensure that your settlement will be fair and later upheld by the courts if it is ever challenged.
When spouses cannot agree on how to settle their rights and obligations regarding their children, support and/or their property, they can secure assistance in negotiating a fair settlement.
Mediation, Collaborative Family Practice and Family Arbitration are processes that allow parties to resolve their issues respectfully and without going to court. These processes allow you to maintain control and decision-making. Both parties must agree to use these processes.
My Spouse And I Want To Avoid Court. How Do We Stay Out Of Court?
If the parties wish to come to an agreement on all issues arising out of the breakdown of a marriage or common law relationship they can negotiate a settlement directly with each other or with the assistance of their lawyers. Mediation and the Collaborative Practice model can be used to effectively facilitate negotiation as alternatives to court. This is usually less expensive than court and allows for a settlement more tailored to the specific needs and goals of the family. These alternatives to court also help reduce conflict and are therefore much healthier for any children involved.
Bortolussi Family Law is located in Vaughan, Ontario and serves the Greater Toronto Area including Woodbridge, Concord, Maple, Kleinburg, Thornhill, Vaughan, Markham, Richmond Hill, Brampton, Bolton, Nobleton, Newmarket, Oxford, Orangeville, Aurora, North York, Etobicoke, Caledon, Whitchurch-Stouffville, King City, Schomberg, Mississauga, Oakville, Streetsville and Toronto.