What recourse do I have if I disagree with the proposed division of assets?
If you disagree with the proposed division of assets during a divorce, you have several avenues available to you for recourse. The legal systems in both British Columbia and Alberta provide various mechanisms to resolve disagreements over asset division.
Negotiation: The first step often involves negotiation between the parties, typically facilitated by their respective lawyers. Open communication may lead to a mutual agreement that satisfies both parties.
Mediation: If negotiations stall, mediation is a popular alternative. A neutral third-party mediator helps facilitate discussions to help both parties reach a mutually agreeable solution.
Arbitration: Should both negotiation and mediation fail, parties can also consider arbitration. Unlike a mediator, an arbitrator has the power to make binding decisions regarding the division of assets.
Court Litigation: If the parties are unable to reach a resolution using the alternative dispute resolution methods provided above, court can be considered as a final recourse. In court, a judge will decide on the appropriate division of family property based on the laws and regulations specific to British Columbia or Alberta, depending on your jurisdiction.
Important Considerations
- Legal Fees - each of these steps may incur legal fees, so it’s important to consider the benefits relative to any potential costs and fees.
- Timeframe - the process can be time-consuming, especially if it goes to court or appeal.
- Expert Consultation - consulting a family lawyer, financial advisor or forensic accountant can also provide additional insight into the division of complex assets.
While disagreements over asset division are not uncommon, there are multiple methods available to resolve such disputes. Consult a family lawyer to explore the options best suited to your specific situation.
