Divorce has the potential to change your life in every conceivable way. It’s not just the dissolution of a marriage. It’s a series of decisions which could have a lifelong impact on your income, lifestyle, and relationship with your children.
The dedicated and experienced divorce lawyers at Merchant Law of Regina, SK are here to help. We’ll help you guide your divorce action to the most favorable conclusion we can, protecting your rights and your interests.
Establishing Grounds for Divorce in Regina
Though Saskatchewan has a no-fault divorce policy, it does not allow couples to get divorced without first establishing grounds for the divorce. Via the Divorce Act the only grounds couples must establish is that the marital relationship has broken down past repair.
For most couples, this will mean living “separate and apart” for at least one year. Thus, many divorcing couples have already had a preliminary go at deciding issues of child access, division of assets, and support. A formal separation agreement ensures these early negotiations are followed to the letter, and may serve as an aid to future negotiations.
Some couples will not want to wait one year. If you can prove your spouse is engaged in physical or mental cruelty you do not have to wait. Likewise, you do not have to wait if your spouse has committed adultery, but you do have to prove you did not condone the adultery, aid it in any way, or allow it to move forward just so you could obtain a fast divorce.
If you need a swift divorce you will need a strong legal advocate to help you make your case. And if you are fleeing the marriage because of cruelty, you need someone who will ensure the court protects you and your children from further harm or abuse.
Contested vs. Uncontested Divorce
There are no divorce terms more misunderstood than “contested” vs. “uncontested” divorce. The media has muddied the waters with many nonsensical plots about spouses keeping their significant others locked into unhappy marriages by “refusing to sign the divorce papers.” This has led many Regina residents to believe a divorce is “uncontested” if both parties are willing to get a divorce.
In reality, a divorce is “uncontested” only if you and your spouse can come to an agreement on the major issues of the divorce. When you both agree to the settlement the court has only to finalize it after ensuring the settlement does a good job of providing for the children.
A divorce is “contested” if you and your spouse disagree on any point. The sticking point or points will require either a strong negotiator or an outstanding litigator.
The Major Issues of Divorce
The major issues of a divorce include:
- Division of assets and debts.
- Spousal support, if any.
- Child support.
- Child custody.
- Child access.
One of the first things we’ll discuss with you is how the courts typically rule on each of these issues. This can serve as a springboard for negotiation by helping you develop realistic expectations. Typically, the Court of the Queen’s Bench prefers for couples to work out as many of these issues as they can rather than relying solely on litigation.
High Net Worth Divorces in Regina, Canada
Regina is home to many individuals with a net worth of $500,000 or above. The median net worth is $505,000. This means plenty of divorcing couples will face complications related to the valuation and assessment of assets. You will need to consider the tax implications of every move you make. Working your way towards equitable distribution will take a great deal of expertise.
Some high net worth divorces will even require forensic accounting to determine whether one spouse is hiding assets from the other. These divorces tend to be the most in-depth, contentious, and litigious.
Merchant Law has the expertise to help you navigate all of these problems. Many of the lawyers in our Regina office also have a background in corporate, real estate, and other forms of law which provide us with insights that can help you.
Getting to Our Offices
Stop by 2401 Saskatchewan Dr., Regina, SK S4P 4H8, or Call Merchant Law or to speak with a lawyer now call (306) 359-7777.