Basics of Family Law
Division of Property: Who Gets What?
Which should I choose: agreement or court?
It is better if you and your former spouse can come to a fair agreement about how to divide your family assets.** (Please note, however: If you are afraid for your safety, or the safety of your children, court may be the best option for you.)If you can write up your own agreement, you will know exactly what you will be taking out of the marriage or relationship. If you leave it to a judge to decide, you will have little or no control. In addition, if you have to go to court, it may:
- Cost you time. Court can be slow, which can increase the stress of separation on both you and your family.
- Cost you money, in lawyers' fees and other costs, unless you are eligible for Legal Aid. While you can choose to represent yourself in court, Supreme Court forms and procedures are complicated. (The Provincial Court does not handle the division of property). We recommend you get legal advice.
If you cannot come to an agreement about how to divide your property on your own, you might want to try mediation. This may involve some cost, but the cost will not be as high as going to court - and the faster you reach an agreement, the lower the cost.
**If you are in a common-law relationship, please see I am not married: what are my rights? for more about what will happen if you sign an agreement.
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