An action has already been commenced by my spouse. Can we still negotiate outside of court?

Yes. However, negotiations are a two-way street. The both of you must be willing participants.

I want to negotiate outside of court with my spouse, but neither of us can agree on the value of his business and my pension. What should we do?

Parties can jointly retain experts like business valuators and pension valuators to determine the value of these assets, including the tax implications of division. As it is a joint retainer, the process is transparent and the instructions and information given to the expert is done jointly.

How do we document an out-of-court settlement?

You can do so by minutes of settlement, final court order, or separation agreement. Your lawyer can advise on which method works best in your circumstances.

Do out-of-court negotiations automatically suspend or pause the court action that was started?

Not unless both parties agree to put a hold on the action. Your lawyer can best advise you whether a hold on the action is necessary or advantageous to your situation.

Out-of-Court Negotiations

Out-of-Court Negotiation Lawyers in Vancouver

Out-of-court negotiations are flexible and voluntary. Lawyers are not required, but it is strongly recommended so that each party makes informed decisions. Moreover, lawyers will assist in drafting settlement documents.

Out-of-Court Negotiations

Negotiations can be done via written correspondence, telephone or video conferences, four-way meetings, or a combination of the above. Out-of-court negotiations are effective when the parties are willing participants, forthcoming with their financial disclosure, and there are no outstanding emergency issues, such as family violence, child abduction, or dissipation of assets.

Married couples who require a divorce can still settle all substantial issues through negotiations and agreement, and then file for divorce on an uncontested basis when the 12-month separation period is up.

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