Court Orders Without Prejudice
What is the meaning of a “temporary without prejudice” Order? Temporary order An interim order (“temporary” order in the language of the Family Law Rules) was described by Zuber J.A. in Sypher v. Sypher, 1986 CarswellOnt 282, O.J. No. 536, 2 R.F.L. (3d) 413, dismissing an appeal from an interim spousal support order: At the outset, it is appropriate to observe that interim orders are intended...
The Best Way To File For Divorce Is Easier Than You Think
Everyone has heard horror stories of long and nasty divorces that get drawn out, while there are just as many stories of quick and simple cases that open and close without any hassle. Why are some divorces quick and easy and others such a messy disaster? While it is possible to file some of the paperwork yourself, family law in Ontario is complex and there are many factors to consider. Since...Steps To Getting A Divorce In Ontario: A Simple Guide
In order to qualify to get a divorce in Ontario, you must: Have been legally married in Canada or another country Intend to permanently separate from your spouse (or have done so already), with no chance of getting back together Have lived in Ontario, as must your spouse, for at least 12 months before you apply for divorce You must be able to prove that your marriage is irreparably broken....
Facebook, Twitter and Email as Sources of Evidence. Is It Legal?
We live in a world that has been transformed by advances in electronics within living memory. In many ways, we are still adjusting to the differences that social media sites and text messaging have made to the way we socialize and communicate. Although these changes may feel so new that it’s hard to believe that Twitter, email and the like can be accepted as evidence in court, the fact...
Steps You Can Skip If You Are Going Through a Consensual Divorce
Getting a divorce may never be easy emotionally. But the process is a great deal easier if it is consensual. A consensual divorce is one in which you and your spouse both want a divorce. If you can also agree on how to settle all of your family matters, you have an “uncontested divorce,” which is the easiest kind of all. Canada has “no-fault” divorce. This means you do not have to prove that...
How To Prepare A Financial Statement – Presentation
Financial Disclosure Guide For Ontario from Fine & Associates Professional Corporation How to prepare a Financial Statement The preparation of Financial Statements and Financial disclosure is critical in a Family/Divorce Law case. It is important for a party to make full and complete financial disclosure. If a party fails to make full and complete financial disclosure, it is...
The Secret to Avoiding a Trial During Divorce
The court procedures in a family law case can seem intimidating to those who are unfamiliar to them. An overview of the family law rules and process in Ontario will acquaint you with the new terminology and give you an idea of what you expect. Remember, there are other options for resolving disputes over family law, besides going to court. A divorce lawyer can help you decide on the best...
How Do I Get an Uncontested Divorce?
Despite what you may be fearing, divorce does not always have to be a complicated, drawn-out process. According to Statistics Canada, in 2010/2011, 80% of active divorce cases were uncontested. Uncontested divorces are usually quicker and less expensive than contested divorces. In order for your divorce to be uncontested, you and your spouse agree on all issues arising from your divorce. An...
Do I Need To Register My Divorce?
Getting a divorce can seem like a mysterious process. The legal paperwork alone may seem daunting. How to know which type of application to use and whether you have completed all of the necessary steps? Registration of the divorce is often misunderstood. In Ontario, your marriage is registered when the official sends a complete marriage license to Service Ontario. The Steps of Divorce Looking...