Vancouver Family Law Settlements Lawyer Warns of the Loops and Holes of Settlements

Our top-rated Vancouver Family Lawyers know the loops and holes of Vancouver Family Law Settlements. Settlements are not that straightforward or easy. Making mistakes can cost you fortunes and also parenting time with your children. It is extremely important that you are fully aware of your family law legal rights before engaging in any type of negotiations or settlements. Let’s look at how a Vancouver Family Lawyer can help you settle:

Vancouver Family Law Settlements – How to Start the Process

1. The most important step in starting negotiation settlements is to set up an initial consultation with a Vancouver Family Lawyer to fully know your rights, the strengths and weaknesses of your case, and how to approach your spouse with your settlement proposals. 
2. Your lawyer should ask you to give a full and frank picture of your finances and what issues are at stake.
3. Generally, family law cases have 5 issues at stake, depending on your situation:
   1. Divorce;
   2. Child Custody;
   3. Spousal Support;
   4. Child Support;
   5. Property and Debt Division.
4. In order to get your divorce, you will need to either resolve the remaining issues or go to trial and have a judge resolve them for you.
5. It is extremely important that you fully disclose all baggage in your case and are truthful regarding all the facts.
6. The lawyer will then advise you of what options you have regarding the settlement.

The below are the options and their process:

Vancouver Family Law Settlements – Your Settlement Options

For settlements, you have multiple options and your Vancouver family lawyer needs to tell you what the best options are depending on the facts of your case. They are as follows:

1. Negotiation – Usually a letter goes out from your lawyer informing the other lawyer that he/she has been retained, lays out your position and invites the other lawyer to a 4-way meeting to see if things can be settled between the lawyers. Negotiation is the cheapest settlement option but may not be the most effective depending on the dynamics between you and your spouse, and your lawyers.
2. Mediation: Mediation happens with a neutral senior family lawyer or judge. The mediator will often put you guys in different rooms and goes back and forth to negotiate a compromise on your guys’ behalf. If a settlement is reached, a separation agreement, Minutes of Settlement or a contest Order is drafted and signed, and off you go!
3. Settlement Conferences: Settlement Conferences can only occur if you or your spouse have started litigation through the Courts and a Notice of Family Claim has been filed. The advantage of a settlement conference is that you will get to meet a judge who will push you guys to settle in a confidential setting. The judge’s time is free so you save on that cost whereas, in mediation, you have to pay for the mediator’s time as well as your lawyers. If things are settled at the settlement conference when a Minutes of Settlement is drafted by the court clerk, and a consent Order is drafted later to be filed with the courts.
4. Arbitration – Arbitration means someone, usually a senior family lawyer or a retired judge, will make a decision if you and your spouse are not able to reach a settlement. This process occurs outside of the courtroom and is a lot faster than going to a trial. Arbitration for some reason is not as popular as the other options but works in some situations.

Settlements need full disclosure, in-depth consultation with your lawyer and a powerful negotiator on your behalf. Our award-winning Vancouver Family Lawyers are here to help. To find out about your rights and options, get in touch or call us at 604-974-9529 to set up a consultation.