“If we don’t need temporary orders and can resolve all issues by agreement, do we need the court at any stage in the matter?”
You don’t need the court except to process a divorce after all other issues arising out of the marriage and separation are settled by agreement. The usual practice is to see the progress to divorce as a two-stage matter with the divorce in the second stage. The first stage is the negotiation of a separation agreement that takes care of all the other issues.
Gary Joseph and Michael Stangarone are lawyers with Toronto’s MacDonald & Partners family-law firm.