Common Mistakes People Should Avoid When Undergoing a Separation

Author: Neubauer Law Office | | Categories: Family Law , Separation , Wills And Powers Of Attorney

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Facing a separation or divorce can be a stressful and overwhelming situation. However, it is important that you stay sharp and navigate your way through the entire process so that the outcome is in your favor. You don’t want to falter and make wrong decisions that will make your life difficult in the future. You should be educated about the law and do everything possible to ensure a smooth, successful separation.

Here is a list you of common mistakes that you should avoid when undergoing a separation.

Lack of Knowledge About Legal Matters: People often do not realize or fully understand all the legal issues that have arisen following the breakdown of a marriage or a common law relationship. To name a few, child custody, child support, spousal support, property equalization and an establishment of a parenting plan are issues that should be considered. If you have separated from your spouse, recently or some time ago, contact a law office to discuss the facts of your matter so that your legal rights have been addressed. It is important to ensure that there are no outstanding issues that require your attention or may arise in the future.

Working Without Legal Aid: People often believe that they and their former partner can draft and execute a separation agreement, or other domestic contracts, without the assistance or advice of a legal professional. In most cases, a domestic contract written without legal advice does not address all of the necessary issues which have arisen as a result of the breakdown of the marriage or common law relationship. By retaining a legal professional, the contract will address all of the relevant and necessary issues and increase the legal strength and enforceability of the terms of the contract.

Retaining The Same Lawyer For Both Parties: When dealing with a family law matter, people often believe that if they and their former spouse are in agreement on the major issues, then they can jointly retain the same lawyer to finalize the matter. Unfortunately, a lawyer is not permitted to represent both parties. The parties should both obtain independent legal advice.

Not Exploring Options Of Resolution: When facing a family law matter, people often believe that their only option is to litigate the case. This belief could not be further from the truth. A family law matter can be resolved through many different avenues such as negotiation through legal counsel, the collaborative process, mediation or mediation/arbitration.

Reach out to Neubauer Law Office, a law firm with over forty years in the Durham Region, ON, to avoid these common pitfalls when going through a separation. Click here to visit their website.


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