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Following a separation or a divorce, the legal logistics surrounding the termination of the relationship, such as spousal support, child support, division of property (including the assets of business owners) are finalized through either a separation agreement or a court order. Although these are intended to be final, it is possible to modify an agreement or an order if your circumstances or those of your former partner have changed.
The knowledgeable family lawyers at Arbesman Hamilton LLP have extensive experience assisting clients who are seeking post-separation and post-divorce modifications. We can assist you if your financial, child care, or other life circumstances change to ensure you continue to be protected. We take immense pride in our client-focused approach and clear, pragmatic advice. We strive to build long-lasting relationships with each of our clients, and assist them during major adjustments in their lives.
As you move forward following your separation or divorce, you may find that your circumstances have changed and the terms that finalized your split no longer work. Common reasons to request post-separation or post-divorce modifications include:
Post-separation and post-divorce modifications can be carried out several different ways, depending upon the nature and number of changes sought, as well as the relationship between the parties.
Where the former spouses are on good terms, and had an amicable separation or divorce, changes can be made through mutual consent with the help of a family lawyer. A family lawyer can ensure that all of the changes the parties wish to make are captured in an amended agreement or court order.
Where the former partners cannot agree on modifications on their own with the help of a family lawyer, they can engage the services of a mediator and go through the mediation process. A mediator can assist the parties in reaching mutually acceptable terms that amend their existing agreement or order.
Where former partners cannot agree on modifications through mutual agreement or mediation, the parties can choose to engage an arbitrator to assist them in making modifications. This process is more formal than mediation, but less formal than going to court. An arbitrator will listen to the position of both sides, help them focus on the issues, and help them find a mutually satisfactory compromise. An arbitrator’s final decision is binding on the parties.
Where former partners cannot agree on modifications via consent or mediation, and do not wish to arbitrate, they must have their modifications determined and finalized by a court. This may require a hearing before a final agreement is reached.
At Arbesman Hamilton LLP, our experienced family lawyers can guide you through the process of making post-separation and post-divorce amendments. Contact us online or at 416-481-5604 to book a consultation, discuss your options, and ensure that you and your children are protected in changing circumstances.
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