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8 Common Mistakes to Avoid in Canadian Divorce Proceedings


“I’ve never walked out from a court session with him disappointed…

Barry really saved my life and my son in that situation”

Divorce Proceedings mistakes

Neglecting to take into account potential repercussions from missteps in a Canadian divorce can lead to unsatisfactory financial and psychological results. This blog post will provide valuable insights into navigating the complex landscape of family law matters, helping you make informed decisions throughout the process.

We will explore essential aspects such as protecting children during divorce by maintaining daily routines and encouraging open communication with both parents. Additionally, we’ll discuss documenting events through journaling, using traceable methods for support payments, and being reasonable during negotiations.

Furthermore, seeking professional legal guidance is crucial when dealing with common mistakes to avoid in Canadian divorce proceedings. We will delve into understanding complex legal matters related to divorces and evaluating potential consequences before making decisions. Lastly, disclosing financial assets accurately and creating a budget while identifying essential assets are also important factors that we’ll examine in detail.

Protecting Children During Divorce

Shielding children from the negative impacts of divorce proceedings is crucial, and parents should avoid speaking ill of their spouse in front of the kids.

Maintaining stability through sticking to the same everyday habits, such as when meals are eaten, bedtimes and leisure activities can give your child a sense of dependability and safety.

  • Be honest: Answer questions truthfully but age-appropriately.
  • Show empathy: Acknowledge your child’s feelings and let them know that it’s okay to feel sad or confused.
  • Create a safe space: Encourage open dialogue by letting your child know they can always talk to you about their thoughts and emotions.

Involving an experienced family lawyer early in the process can provide valuable legal advice tailored specifically to protect both you and your children’s best interests during this challenging time. Don’t make common mistakes, consult with a family lawyer.

Keeping Accurate Records

It’s crucial to document events during your separation, so always use traceable payment methods like cheques or e-transfers for support payments.

Importance of Journaling During Separation

A detailed journal can be invaluable when discussing child custody, spousal support, and other family law matters with your experienced lawyer.

Traceable Payment Methods for Support Payments

Using traceable payment methods like cheques, e-transfers, or bank drafts/money orders can save time and money spent resolving disputes over missed or late payments.

  • Cheques: Provide a clear paper trail of payment details.
  • E-transfers: Leave an easily accessible record of all transactions within online banking systems.
  • Bank drafts/money orders: Offer additional security because they’re issued directly by banks or other financial institutions.

Reasonable and Open-Minded Divorce Negotiations

Reasonable and Open-Minded Divorce Negotiations

Don’t use divorce proceedings as a means of retribution; it’s an unnecessary expenditure of resources and effort.

Collaborate with your ex-spouse to find solutions that work for everyone involved.

Avoid Revenge Tactics

Using divorce as a form of punishment is counterproductive and can lead to legal battles that consume time, money, and emotional energy.

Focus on achieving a fair resolution that allows both parties to move forward amicably.

Collaborative Strategies

  • Focus on Common Goals: Concentrate on shared objectives such as child custody arrangements or asset division.
  • Maintain Open Communication: Be honest about your needs while being willing to listen carefully.
  • Prioritize Compromise: Aim for mutually beneficial agreements instead of getting everything you want.
  • Get Professional Guidance: Seek advice from experienced family lawyers who specialize in family law cases.

Aiming for mutually beneficial agreements and getting professional guidance can facilitate a smoother divorce process with more desirable results.

Get Professional Help for Your Divorce

Obtain legal counsel from knowledgeable divorce attorneys to ensure sound decisions are made during the proceedings.

Why You Need an Experienced Lawyer

Experienced lawyers can provide valuable legal advice and help you avoid common mistakes in family law matters, such as child custody and property division.

The Risks of Self-Representation in Court

Self-representation comes with several risks that could negatively impact your case, including not understanding legal procedures or rules of evidence, failing to present relevant information effectively, and being unable to navigate complex financial consequences involved in asset division or child custody arrangements.

  • Lack of Legal Knowledge: Self-represented litigants may struggle to present their case effectively in court.
  • Poor Negotiation Skills: Inexperience in negotiating settlements could lead to unfavorable outcomes during mediation sessions or settlement negotiations.
  • Inefficient Use of Time & Resources: Self-reps often spend more time researching laws and procedures than they would if they had hired an attorney, which could prolong the divorce proceedings.
  • Negative Outcomes: Self-reps only win 14% of cases while losing 73%, resulting in higher costs and longer timelines for reaching a settlement.

Don’t take the risk of self-representation, seek professional legal advice from  an experienced family lawyer to ensure a smoother, more efficient divorce proceedings.

Disclosing Financial Assets Honestly

During divorce proceedings, honesty is the best policy when it comes to financial disclosure throughout the entire divorce process.

Failure to disclose all financial assets accurately could result in penalties such as being ordered daily fines until compliance occurs, or even having claims made against unequal division property due to deception practiced earlier, which causes lengthy delays and increases overall costs involved.

Hiding assets or money offshore can lead to severe consequences during divorce proceedings, including hefty fines and possible criminal charges for tax evasion or fraud.

Providing accurate information about your finances helps maintain trust between both parties and their respective divorce lawyers, ensuring smoother negotiations.

Being honest about your financial situation prevents disputes over hidden assets that could prolong the divorce process and increase legal fees.

Full disclosure allows for a fair assessment of each party’s contributions towards marital property and ensures an equitable distribution based on relevant factors like income levels, length of marriage, child custody arrangements etc., ultimately leading towards better long-term outcomes post-divorce.

A competent family attorney can furnish counsel on matters of family law and guide you to decisions that will be advantageous in the long term.

Asset Division and Budgeting

Divorce necessitates an evaluation of financial circumstances, with the formation of a post-divorce budget and appraisal of marital assets paramount.

Create a post-divorce budget

List all sources of income and expenses, accounting for changes in living arrangements, child custody, and support payments to make informed decisions about which assets are most important for maintaining your lifestyle.

Evaluate the value of marital assets

Consider long-term implications such as retirement savings or investments that may appreciate over time, and work with an experienced family lawyer to ensure fair asset distribution while minimizing potential financial consequences down the road.

Note: Always consult with divorce lawyers for legal advice since each case is unique, and what works for one couple might not apply equally to others.

Mistakes to Avoid in Canadian Divorce Proceedings

Mediation vs. Court Litigation

Settle during mediation to maintain control over the outcome instead of leaving decisions up to a judge.

Self-represented litigants (self-reps) only win 14% of cases while losing 73%, resulting in higher costs and longer timelines for reaching a settlement.

Benefits of Settling Disputes Through Mediation

  • Faster resolution: Mediation resolves family law matters more quickly than court litigation.
  • Cost-effective: Mediation is often less costly than going through the courts.
  • Maintaining relationships: Mediation preserves important family relationships and reduces animosity between parties.
  • Better outcomes: Couples who choose mediation are generally more satisfied with the results because they make decisions together instead of relying on a judge’s ruling.

FAQs in Relation to Common Mistakes to Avoid in Canadian Divorce Proceedings

Does it matter who files for divorce first in Canada?

No, it doesn’t matter who files for divorce first in Canada, but filing first can provide some advantages related to organization and preparation time. Find out more about the Canadian divorce process.

Learn more about Canadian family law.

Who gets the house in a divorce in Canada?

The division of property during a Canadian divorce depends on various factors such as ownership status and provincial laws, but generally, matrimonial homes are divided equally between both spouses unless agreed upon otherwise or if special circumstances apply.

Discover how property transfers work during separation or divorce.

What is a one-sided divorce in Canada?

A one-sided (unilateral) divorce occurs when only one spouse wants to end the marriage but cannot reach an agreement with their partner regarding terms like child custody or asset distribution, and in these cases, they must apply for contested divorces through the court system.

Learn about applying for a divorce in Canada.


Divorce is tough, but protecting your children and documenting events through journaling can make the process smoother.

Traceable methods for support payments ensure accountability and seeking professional legal guidance helps avoid costly mistakes.

Disclosing financial assets accurately, creating a budget, and identifying essential assets are crucial for long-term financial stability.

Settling during mediation if possible is a smart move.

Remember these tips to avoid common mistakes in Canadian divorce proceedings.

Did You Know

Most abusers’ behaviour stems from feelings of privilege and entitlement and learned attitudes.

These can be extremely challenging to change. They must be deeply committed to making lasting changes to their behaviour. 

Published On:June 4, 2023