Separation & Divorce

Legal Support Through Relationship Changes

The end of a relationship is one of life’s most difficult experiences. Beyond the emotional challenges, you face complex legal decisions about property, support, and children. You need lawyers who understand both the legal and human sides of separation and divorce.

We focus on resolving issues as quickly and peacefully as possible. While we work hard to reach agreements through negotiation or mediation, our experienced litigation team is ready when court becomes necessary. Throughout the process, we provide clear guidance about your rights and options, helping you make informed decisions for your future.

Separation Agreements

Most separating couples resolve their issues through separation agreements rather than going to court. These agreements encompass all aspects of your separation in a single, comprehensive document.

Separation agreements typically cover division of property and debts, spousal support amounts and duration, child custody and access schedules, child support payments, and possession of the matrimonial home. Courts generally respect these agreements for property and spousal support, though child-related terms can be reviewed if they don’t serve the children’s best interests. We negotiate and draft agreements that protect your interests while minimizing conflict and dispute.

Divorce Proceedings

In Nova Scotia, you must be separated for at least one year before filing for divorce. The process begins in the Supreme Court or the Supreme Court (Family Division).

We handle all aspects of your divorce: preparing and filing court documents, serving divorce papers, negotiating settlements, and representing you at hearings if needed. Many divorces are uncontested once separation issues are resolved. For contested divorces, we advocate strongly for your interests while working toward a resolution. The court grants the divorce once all requirements are met and the needs of any children are addressed.

Grounds for Divorce

The Divorce Act recognizes three grounds for divorce, all of which are based on the breakdown of marriage.

Most divorces proceed after one year of separation, which doesn’t require proving fault. Adultery and mental or physical cruelty are also grounds, but require proof and don’t necessarily speed up the process. Separation is usually the simplest path, allowing both parties to move forward without the added conflict of proving fault. We advise on the best approach for your situation.

Mediation & Collaborative Family Law

Collaborative family law provides a private and flexible alternative to traditional court proceedings. Both parties work with specially trained collaborative lawyers to reach a mutually agreed-upon agreement.

This process is personalized to your needs, unlike the court system’s rigid procedures. Parties who participate in creating their own solutions are more likely to follow through on them. The collaborative process often preserves relationships better than litigation, which is especially important when children are involved. If collaboration fails, both lawyers must withdraw, and new counsel will take over for the litigation.

The Separation Process:

Initial Steps: We begin by understanding your situation, including your assets, debts, income, and the needs of your children. We explain your rights and likely outcomes, helping you set realistic expectations.

Negotiation Phase: Most cases resolve through lawyer-to-lawyer negotiation. We exchange financial information, propose terms, and work toward an agreement. This is typically the fastest and least expensive resolution.

Resolution: Whether through agreement or court order, we ensure all documents are properly drafted and filed. For divorces, we obtain the final divorce certificate. We help you implement the agreement and move forward with your life.