Who decides how to divide our property?

There are many people who can decide how to divide your property. You and your spouse may decide how to divide your property and then incorporate it into an agreement. Your agreements may be arrived at either independently, with the help of lawyers or through mediation. An arbitrator may decide how to divide your property based on either yours and your spouse’s wishes or based on the provisions found in the Family Law Act. Or the court may decide how to divide your property if you and your spouse cannot reach an agreement through mediation or arbitration. The courts will defer to an agreement between the both of you or the court will enforce the provisions in the Act.