This might sound strange coming from a service which helps people filed their own divorce papers rather than using a lawyer, but lawyers are indispensable. To that extent we agree with some of the concerns expressed by Amelia Hill in DIY divorces surge in wake of Mills case. Ms. Hill reports that many divorce lawyers believe that more people going through a divorce will now choose to represent themselves based on the example set by Heather Mills in representing herself in divorcing Paul McCartney. This is what is referred to as a DIY or do it yourself divorce.
The main concern, and the reason why lawyers are so indispensable, is that many self represented parties to a divorce do not understand their legal rights and responsibilities. This leads to either giving up more than they should do their spouse or demanding that to which they have no right, thus making the process more bitter and protracted then necessary.
However, this does not mean that you need to engage a lawyer in the traditional way – letting the lawyer handled the case as he or she sees fit from beginning to end. Instead, lawyers should be seen as important professionals who should be consulted as and when necessary. Once you have a good appreciation for your legal rights and responsibilities we highly recommend using the services of a mediator to assist you and your spouse in coming to a mutually acceptable agreement on the terms of your divorce.
The use of mediation to resolve their dispute can save you tens of thousands of dollars compared to letting a judge makes the final decision. During the course of the mediation, and certainly prior to finalizing your agreement, you should consult with your lawyer to make sure that you are fully aware of the legal consequences of what you have agreed to and only sign the final agreement if you are still satisfied that it is in your best interests.
Using both lawyers and mediators, each working for you within the specific area of their own expertise, is the most efficient and cost effective way to ensure that the terms of your divorce are in your best interests. Then, once you and your spouse have agreed upon terms, you can enjoy further savings by employing our service to prepare your Canadian divorce documents for you.
If you and your spouse cannot agree on the terms of your divorce, such as the ‘who gets what,’ generally the solution is to go to court to have a judge make the decisions for you. This step is a last resort because when it goes to court and the judge makes the decisions they are final.
In order to receive a fair decision there are some pretty simple do’s and don’ts that should be followed as well as some that may not be so simple. Following these can put a person in a situation to benefit from having to take this step in the divorce procedure.
As the simpler ones are very easy to adhere to, lets get them out of the way first. The first ones is to avoid chewing gum because it is often seen as disrespectful. Second, turning off cell phones is important and leaving behind the newspaper and your coffee cup are good ideas because these too are often considered disrespectful. Finally, to round out the simple things, just make sure you watch what you say about your spouse, it is important not to disrespect them in front of the judge.
Slightly more difficult is being aware of the attitude you have when in the courtroom. Understandably, a divorce can produce some negative feelings and can leave you with a sour outlook but when in the court room it’s important to keep yourself in check. If you catch yourself sneering or shaking your head in disapproval then try to put a stop to it, at least until you are out of the court room.
You also need to be careful with emotions, it is expected that you’ll have some anger or maybe at times be upset enough for tears but you need to watch what you say and if you are going to cry it better be legitimate because otherwise it can be looked at very poorly. At best, crying is only going to help you show sincerity and no one in a court room likes a drama queen.
The last thing to carefully consider is self representation because it can have a good or a bad impact depending on the reason behind it. If you cannot afford a lawyer it is okay to represent yourself but if you have the money and just think you can do a better job or are looking for sympathy the judge will not look at it in a good way.
Do not forget that the judge is human and if you just be yourself and be sincere and respectful, then you have a great chance of having a fair and just result.
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A Jewish religious divorce, also known as a ‘get,’ had been promised to a wife by her husband. When the husband did not follow through, The Supreme Court of Canada awarded the wife damages for his breach of the promise.
The way a Jewish religious divorce works is different than a typical divorce because it involves, if at all possible, a meeting of both parties where the divorce document is handed to the wife by the husband which means it is done properly and officially according to Jewish law (aka: Halakha). But, also according to Jewish law, if the husband refuses to grant the ‘get’ then they are separated but the wife is unable to remarry. The same applies if the situation is the opposite with the wife refusing to grant the ‘get’ to the husband, then he may not remarry.
Also, different from a typical civil divorce document, a ‘get’ does not include any reference to fault or blame for the separation. A marriage within the Jewish religion is thought of as a uniting of two people and the ‘get’ erases that union.
In response to the latest incident involving the broken promise, a conference was held a few days ago on February 9, with a couple of well respected speakers who are experts on Jewish divorce. These leaders in the Jewish community are lobbying for a bit of a change in the way things are done when a ‘get’ is granted by the husband.
At the very least these experts are strongly suggesting that women have an attorney present when they are exchanging the documents with the husband. They refer to the Jewish divorce as a “broken†system because, as is, it provides the husband with an unequal amount of power over the estranged wife. They say that in most situations, the husband will not grant the ‘get’ simply as an act of revenge or to hold out for a better distribution of the couples assets.
The best way for this kind of situation to end well is for couples who are about to embark on marriage in the Jewish faith should sign a prenuptial agreement.
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As you may be aware, divorce on the grounds of separation is the most common method of obtaining a The objective of the wait period is to encourage the couple to reconsider their decision. The full year of separation rule is the general guideline; however, it is worthy of further clarifications.
The legal system tries to encourage those contemplating a divorce to reconsider. It therefore allows a maximum of 90 days of reconciliation of re-cohabitation. A couple undergoing separation is permitted to cohabit for a maximum of 90 days without jeopardizing the separation efforts. In other words, the timer is not reset on the full year separation period.
If the law had not allowed for reconciliation periods, many couples would be very hesitant to attempt any form of reconciliation in fear resetting the -year separation timer should their efforts not succeed and should they decide to continue their original plans towards obtaining a divorce.
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While the Canada Divorce Act establishes the law concerning divorce in Canada it is provincial legislation that governs the division of property in Canadian divorce cases. The matrimonial home is one of the most significant – if not the most significant – asset that becomes subject to asset division as a result of dissolution of marriage. In many cases, it is the only financial asset that can be used to satisfy the judgment entered by the court.
If you do not have immediate possession of the matrimonial home, you must ensure that your possession of it is not compromised by the time the judge decides your case. There are certain precautionary measures which you can take advantage of to ensure that you will have assets to enforce the judgment against by the time your divorce case is finalized.
A restraining order on the real estate property is one such precautionary measure. If you are concerned that your spouse may sell the matrimonial home without your knowledge, leaving you with no assets to collect against, you can petition the court to impose a restraining order on the property, thereby preventing your spouse from selling it. Given the length of time of some divorce legal proceedings, this is a due concern that you should guard against.
The same applies to any other significant asset, such as an expensive painting or sculpture. A restraining order on the property not only prevents the current asset holder from disposing of it, but also prevents the use of the property as collateral for obtaining loans. With a restraining order on the property in place, your spouse cannot pawn the expensive painting and cannot use equity in your real estate for instance to finance a mortgage on a new home.
Once a judgment is issued by the court, you may then wish to register what is known as a Writ of Execution or a lien on the real property. The Writ of Execution or lien is placed on the title of the real estate property in question to achieve the same objective, which is to prevent the asset holder from transferring its ownership without your knowledge or permission.
There are other mechanisms in place with respect to the transfer of title to real estate which should normally operate to prevent the sale of the matrimonial home By one spouse without the other spouse’s consent, even if the home is only in the name of one spouse. However, in the absence of an acceptable level of trust between you and your soon to be ex-spouse, it may be prudent to take these other steps in order to avoid having to an attempt to sell the home without your permission.
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