When the spouses who are separating cannot agree on matters such as child custody and access, child and spousal support, and the division of assets, the divorce becomes contentious or contested. The unresolved issues then proceed in court by way of an application.
The application is a legal document used to commence a court proceeding. It contains the background information of the parties and a description of the issues. It will be drafted by the lawyer and filed with the court. Once the other side files their reply, called an answer, the parties attend a mandatory meeting in court with their lawyers and the judge present. This meeting is called a case conference and its purpose is to facilitate negotiations between the parties on the outstanding issues and confirm what parties may need to move the process along, such as financial disclosure and valuation of assets.
Any unresolved issues brought up during the case conference are further addressed at the settlement conference which is the next step and the last one prior to trial. This court appearance is mandatory in Ontario to attempt to settle divorce issues without proceeding to trial.
If the matter still does not settle at the settlement conference stage, it will proceed to trial, where evidence will be presented by both parties and their witnesses under oath and subjected to questioning from the lawyers.A judge will then make a final determination of the issues.
At Davies Law Firm, We Offer
- Extensive experience in negotiating agreements and court settlements.
At Davies Law Firm we help you explore your best options so you can make informed decisions.
- We can engage other professionals, such as family counsellors, financial advisors, child protection workers and forensic accountants.
- At Davies Law Firm we are compassionate and hardworking on our clients’ behalf.
- At Davies Law Firm we do NOT accept legal aid certificates.
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