Divorce mediation is often seen as a better alternative to a divorce hearing for splitting couples who can remain civil and work through problems together. We’re big advocates for divorce mediation, where applicable, too! But if you’re not fully aware of the mediation process, you might be hesitant to pursue this route. Many people don’t actually know what happens after divorce mediation, so we’re here to enlighten you!
After divorce mediation in Canada, the exact outcomes and next steps can vary depending on the agreements reached during the mediation process and the specific circumstances of the divorcing couple. However, here are some common outcomes and subsequent actions.
Mediation Agreement
If the couple successfully reaches agreements on various aspects of their divorce, such as child custody, visitation schedules, division of assets, and spousal support, a mediation agreement or settlement agreement is drafted. This document outlines the agreed-upon terms and serves as a legally binding contract between the parties.
Legal Documentation
The mediation agreement is typically submitted to the court for review and approval. If the court finds the agreement fair and in the best interests of any children involved, it may be incorporated into a court order or divorce decree, making it enforceable by law.
Implementation of Agreements
Once the mediation agreement is finalized and approved, the couple must fulfill their respective responsibilities and obligations as outlined in the agreement. This may include transferring assets, adhering to custody and visitation schedules, and complying with financial support arrangements.
Divorce Proceedings
If the mediation was conducted before filing for divorce, the couple can proceed with the legal divorce process. The mediated agreements can be included in the divorce application, making the process smoother and potentially reducing the need for further court hearings or negotiations.
After Divorce Mediation: Post-Divorce Matters
After the divorce is finalized, there may be ongoing matters that require attention. For example, if child custody arrangements need modification or if there are disputes regarding support payments, the couple may need to engage in further discussions, mediation, or, in some cases, seek legal assistance to address these issues.
It’s worth noting that divorce mediation aims to reach mutually agreed-upon solutions, but it may not always be possible to resolve all issues through mediation. In such cases, unresolved matters may need to be addressed through alternative means, such as litigation or arbitration.
It’s advisable for individuals going through divorce mediation to consult with a family lawyer to ensure they fully understand the legal implications of the mediated agreements and to seek guidance on the appropriate steps to follow to finalize their divorce and address any related matters effectively.
The family lawyers here at Dhanu Dhaliwal Law Group can help you, both during and after divorce mediation. Get in touch with us today by filling out our contact form or by calling our office.
If you’re looking for more information about divorce mediation, check out our other post, What to Expect from Divorce Mediation or Mediators from the official British Columbia government site.
