When property division becomes problematic in a divorce

On behalf of Peterson Stark Scott posted in Property Division on April 9, 2019.

Couples who are heading for divorce obviously have had clashes of communication and likely don’t see eye to eye on many issues. When divorcing British Columbia couples don’t agree on property division, they have two choices — each can get the help of a family law professional to help sort out the problems or head to court and let a judge decide. Alternative dispute resolution may be the answer to save going the family court route.

If a divorce mediator can’t help a couple to sort out problems regarding property they own, they will have no recourse but to go to court. The process can drag out, put a dent in each spouse’s pocketbook and takes control out of the hands of the couple. In some cases, however, the process may be necessary.

The good news is a couple’s decision to agree to disagree can be changed. In other words, a couple might start off with mediation to help them sort out their property issues and then head to court. At some point, they can make the decision to work with a mediator again, or they could start working with one and decide to let a judge weigh in on things. Whichever process is chosen isn’t carved in stone.

If there is a prenuptial agreement, a co-habitation agreement or a postnuptial agreement in existence, the court may decide it doesn’t need to be followed with a set aside order. Property division can be one of a few areas of contention in a divorce case. A British Columbia lawyer is in the best position to advise a client who may be having difficulty sorting these issues out.

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