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Information
Serving Separating Couples in Ontario and Alberta Additional provinces coming soon
(All mediations are conducted online.)
WHAT IS DIVORCE MEDIATON?
Divorce mediation is a voluntary process where a neutral, trained professional assists couples in negotiating the terms of their divorce. This collaborative approach allows spouses to work together to resolve issues such as property division, financial support, and parenting arrangements outside of a courtroom setting. The mediator facilitates discussions and guides the couple towards mutually acceptable solutions. The goal of mediation is to reach a fair and equitable divorce agreement that addresses both parties’ needs and concerns, often resulting in a less stressful, more cost-effective, and more amicable dissolution of the marriage compared to traditional litigation.
Our 3-step process
Step 2
Individual Meeting
A 60-minute confidential meeting with your mediator to screen for appropriateness of mediation.
Step 3
Joint Mediation Sessions
Joint meetings to discuss the terms of your separation, including financial, parenting, support and more.
Our Services
01
Mediation Services
Divorce Mediation Services offers an alternative to the traditional legal process, providing couples with a less adversarial and more cost-effective option of ending their marriage. A neutral mediator facilitates open communication between spouses, helping them negotiate key issues such as division of property, parenting arrangements, and family support. This process empowers couples to make their own decisions, often resulting in more satisfactory and sustainable agreements. Mediation typically reduces emotional stress, preserves relationships—especially important when children are involved—and allows for more creative, personalized solutions than court-imposed judgments. By choosing mediation, couples can navigate their divorce with respect, privacy, and control over the outcome, setting a foundation for a more amicable post-divorce relationship.
02
Equalization of Property
Equalization of property is a crucial concept in family law, particularly during divorce proceedings. It refers to the process of dividing marital assets and debts between spouses as they end their marriage. This process involves several key steps: identifying which assets and debts were acquired during the marriage, assessing their value, and then aiming to divide the total value equally between the spouses. In many cases, this may result in one spouse owing the other an “equalization payment” to achieve a fair split. While the goal is typically an equal division, some jurisdictions may consider factors such as the length of the marriage or individual contributions when determining equalization. Assets owned before marriage or those inherited or gifted during the marriage may be excluded from this process. The fundamental aim of property equalization is to ensure that both parties leave the marriage with a fair share of the wealth they accumulated together, providing a financial fresh start for both individuals
03
Child Support calculations
Child support refers to the ongoing financial assistance provided by one parent to another for the care and upbringing of their children following a separation or divorce. This monetary contribution is designed to help cover the basic needs of the child, including food, shelter, clothing, education, and healthcare. The amount of child support is usually determined by the Federal Child Support Guidelines, which consider factors such as the income of both parents, the number of children, and the amount of time the child resides with each parent. In most cases, the non-custodial parent (the one who spends less time with the child) pays child support to the custodial parent. However, in situations of shared residency, the higher-earning parent may still be required to pay some support to ensure the child’s standard of living remains consistent between households. Child support payments typically continue until the child reaches the age of majority or completes their education, though specifics can vary by jurisdiction. The primary goal of child support is to ensure that children maintain a similar quality of life to what they would have experienced if their parents had remained together, recognizing that both parents have a legal obligation to support their children regardless of their marital status.
04
Spousal Support Calculations
Spousal support is a payment made by the higher earning spouse to the lower earning spouse following a separation or divorce. Its primary purpose is to address any economic imbalance created by the dissolution of the marriage, particularly when one spouse has been financially dependent on the other. The amount and duration of spousal support can vary widely, as it’s typically based on factors such as the length of the marriage, each spouse’s earning capacity, age, health, and standard of living during the marriage. Unlike child support, which is often calculated using strict formulas, spousal support determinations tend to be more discretionary and can be influenced by the specific circumstances of each case. The goal is to help the recipient spouse maintain a reasonable standard of living while working towards financial independence, if possible. Spousal support may be temporary, providing a bridge for a spouse to gain education or job skills, or it can be long-term or even permanent in cases of lengthy marriages or where one spouse is unable to become self-supporting due to age or health issues. It’s important to note that not all divorces result in spousal support, and the laws governing it can vary significantly between couples.
05
Parenting Plans
A parenting plan is a written agreement that outlines how parents will raise their children after separation or divorce. This comprehensive document addresses various aspects of child-rearing and co-parenting, aiming to provide stability and clarity for both the parents and the children involved. Typically, a parenting plan includes details on residential arrangements and decision-making responsibilities for major issues such as education, healthcare, and religious upbringing. It may also cover practical matters like holiday and vacation time, communication methods between parents, and procedures for resolving disputes. The plan can be tailored to the unique needs of each family, considering factors such as the children’s ages, school schedules, and extracurricular activities. The primary goal of a parenting plan is to ensure the children’s best interests are prioritized, promoting a stable and nurturing environment despite the changes in family structure. A well-crafted parenting plan can help reduce conflict between parents, provide consistency for children, and adapt to the family’s evolving needs as children grow older.
06
Separation Agreements
A separation agreement is a legally binding contract between spouses who are going through a separation. This comprehensive document serves as a roadmap for how the couple will manage their affairs while living apart. It typically covers a wide range of issues, including division of property and assets, allocation of debts, spousal support arrangements, and if there are children involved, parenting arrangements and child support. The agreement may also address practical matters such as who will live in the family home, how joint accounts will be handled, and medical and life insurance plans. A separation agreement can provide clarity and stability during a potentially turbulent time, helping to reduce conflict and set clear expectations for both parties. It can also serve as a foundation for a future divorce settlement if the couple decides to formally end their marriage. While the agreement is binding, it can typically be modified if both parties consent or if there’s a significant change in circumstances.
07
Divorce Applications
A divorce application is the official document that initiates the legal process of ending a marriage. Filed with the Superior Court of Justice or its Family Court branch in Ontario, this formal request outlines the basic facts of the marriage, including the date and place of the wedding, names and birthdates of any children, and the grounds for seeking a divorce. In Canada, the only legal ground for divorce is the “breakdown of the marriage,” typically demonstrated by a one-year separation, though adultery or cruelty can also be grounds. The application may include initial proposals for property division, spousal support, residential arrangements and child support if there are children involved, or it can be for divorce only. There is a mandatory one-year waiting period from the date of separation before a divorce can be finalized, unless adultery or cruelty is proven. This document essentially asks the court to legally dissolve the marriage and sets the tone for how the divorce proceedings will unfold, marking the first formal step in ending a marriage through the Ontario court system.
08
Domestic Contracts
Cohabitation and Prenuptial Agreements are types of domestic contracts recognized under the Family Law Act. A marriage contract is created either before or during a marriage, while a cohabitation agreement is made by couples who are living together or intend to live together but are not married. Both agreements typically outline how assets and debts will be divided if the relationship ends and may address issues like spousal support. They can also specify how day-to-day finances will be managed during the relationship. However, in Ontario, these agreements cannot include terms about parenting arrangements or child support, as these must be determined based on the best interests of the child at the time of separation. For these agreements to be legally binding, both parties must provide full financial disclosure, obtain independent legal advice, and enter into the agreement voluntarily. While not romantic, these contracts can provide clarity and peace of mind, potentially reducing conflict if the relationship ends. They’re particularly useful for protecting pre-existing assets, family businesses, or anticipated inheritances. However, courts in Ontario have the power to set aside these agreements if they’re deemed unconscionable or if there are issues with how they were created.
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- Our Mission
At Positive Solutions Divorce Services®, it is our mission to simplify the divorce process so separating couples can move on with their lives. We help couples through the decision-making process and provide them with a Separation Agreement in a timely manner, saving them thousands of dollars in unnecessary legal fees.
Don’t Get Buried In The Legal System
The traditional legal process is adversarial by design. It is based on a win-lose outcome and is extremely stressful.
Through mediation, we will guide you towards an agreement that works for you and your family so you can start moving forward, AND STAY OUT OF COURT.
Legal Disclaimer
Information on this website may contain legal information but is not to be interpreted as legal advice. It is strongly recommended that you obtain Independent Legal Advice (ILA) before signing any documentation arising out of the end of your marriage or common law relationship.