Divorce

2. Separation agreements

When separating, you and your spouse need to make decisions in order to reach a separation agreement. Your separation agreement will then form the basis for a divorce judgment if you are married. A separation agreement must be in writing, signed and witnessed. Your separation agreement covers your decisions on issues such as:

  • where your children live and and how they will be raised;
  • how your property and financial assets will be divided; and
  • how much financial support is required by your spouse and children.

There are four methods commonly used to reach a separation agreement:

Agreement

If you and your spouse can agree on terms, your separation agreement will reflect your situation and you will have made the decisions. The decisions you and your spouse make should be written out in a separation agreement and signed.

Mediation

The Department of Justice offers a mediation program where you and your spouse can meet with a neutral mediator to help you reach an agreement. The mediator doesn't take sides or make decisions for you - instead they will assist you with reaching and preparing a written agreement.

Negotiation By Lawyers

Sometimes you can reach an agreement with your spouse with the help of a lawyer who negotiates on your behalf. Your lawyer will meet with you to find out what kind of custody, access, property and support you want. He or she will then negotiate with your spouse or their lawyer and advise you as the negotiations proceed. Negotiation can also take a more collaborative approach where you, your spouse and the lawyers meet to negotiate a solution.

Court

If you cannot reach an agreement with your spouse by other methods, you can have a judge make some or all of the decisions for you by going to court. Going to court is expensive, but is often your only option. You have no say in the decisions made by the judge, but you can still decide to resolve issues by agreement after starting the court process.

No matter what method you use to reach an agreement with your spouse, you should always have a written agreement to record the terms of the agreement. The agreement should be reviewed by a lawyer before you sign it.

If you go to court, the judge may make decisions for the short term called interim orders providing temporary answers to questions of financial support and who will care for your children while you are negotiating a separation agreement.

Some of the biggest questions in a separation are about children. Your separation agreement should include custody and access arrangements setting out where your children will live and who is allowed to see them; as well as the amount of child support provided by both spouses. If you and your spouse can agree on these issues, you will have an arrangement which works for you and your children. If you go to court over issues of custody and access, the judge will decide based on what they think is in the best interest of the child.

A parenting after separation workshop is mandatory for all parents residing in Yellowknife who are going through the divorce process.

The Community Justice and Policing Division offers services to victims that can assist you in dealing with the emotional and…
Contact the Department of Justice