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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-12-2012, 02:48 PM
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Default Help with form 8A

Looking for final advice on form 8A.

Ex and I have signed separation agreement in place for last 3 years(both had legal representation). All custody (50/50), property, finances and support (CS and SP) issues have been addressed in the SA and working fine. For me the time has come for the divorce. Have discussed with her and she is in agreement.

So for form 8A, I will be asking for Joint Divorce. Questions.
1) I understand that even though there are many areas for lawyers to sign, that I don't need one, nor does she for us to proceed?

2) On page 3 in the section where it is asked "Have the parties made a written agreement dealing with any matter involved in this case?" that all I need to do is refer to the signed and dated SA and state that it is attached and that no terms are in dispute? Or do I need to also add specific details about what was agreed to in the SA?

3) On page 4 in the frame for Joint Application for Divorce do I only check We jointly ask the court for the following: "00 a divorce"? Or do we need to check off spousal and child support if they are indicated in the SA. I don't think so but just wanted confirmation.

4) On page 5 in the frame for Joint Application it asks for the Details of the other order(s) that we jointly ask the court to make. Do we include the details of the separation agreement here? Just make reference to it?

5) Once done and signed by the two of us, what are the next steps?
-Head to courthouse with marriage certificate, form 8A, form 36 Affidavit for Divorce, form 25A Divorce order, 2 self addressed stamped envelopes for both, copy of signed SA
- Fill out Registration of Divorce Proceeding form (at courthouse)
What esle? What can I expect next? If nothing is in dispute, and we have legal rep for our signed SA, do we just file and wait? Does anything have to be officially "served" to the other party? Any other advice appreciated.

I can't adequately put into words my appreciation for those of you that contribute frequently to this site. It has been a source of amazing advice and information for me and many others.

Many thanks in advance for your assistance.
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Old 09-12-2012, 03:42 PM
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Quote:
1) I understand that even though there are many areas for lawyers to sign, that I don't need one, nor does she for us to proceed?
Correct; you may obtain a divorce without lawyers. The divorce act requires a lawyer, if retained, to advise you (if appropriate) of marriage counselling and other services available.

Quote:
2) On page 3 in the section where it is asked "Have the parties made a written agreement dealing with any matter involved in this case?" that all I need to do is refer to the signed and dated SA and state that it is attached and that no terms are in dispute? Or do I need to also add specific details about what was agreed to in the SA?
Date it was executed along with a photocopy of it.

Quote:
3) On page 4 in the frame for Joint Application for Divorce do I only check We jointly ask the court for the following: "00 a divorce"? Or do we need to check off spousal and child support if they are indicated in the SA. I don't think so but just wanted confirmation.
You can always file the agreement with the courts later. In your circumstances, just divorce would seem prudent.

Quote:
4) On page 5 in the frame for Joint Application it asks for the Details of the other order(s) that we jointly ask the court to make. Do we include the details of the separation agreement here? Just make reference to it?
If you only want a divorce then there are no other Orders.

Quote:
5) Once done and signed by the two of us, what are the next steps?
-Head to courthouse with marriage certificate, form 8A, form 36 Affidavit for Divorce, form 25A Divorce order, 2 self addressed stamped envelopes for both, copy of signed SA
- Fill out Registration of Divorce Proceeding form (at courthouse)
File application, with coloured form and cheque. Sixty or more days later, return and file the affidavits for divorce along with the divorce Order and envelopes, all within a continuing record.
- Receive divorce within the next 0-10 weeks.
- Divorce is effective 30 days after it was Ordered.
- Obtain Certificate of Divorce for $19 each if you plan to remarry; this is your proof of divorce.

Quote:
Does anything have to be officially "served" to the other party?
In a joint divorce you are both applicants and signing the application; therefore no service is required.
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Old 09-12-2012, 04:20 PM
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Quote:
Originally Posted by OrleansLawyer View Post
Correct; you may obtain a divorce without lawyers. The divorce act requires a lawyer, if retained, to advise you (if appropriate) of marriage counselling and other services available.
This one always makes me laugh:

http://rc.lsuc.on.ca/pdf/ht/famLawDivorce.pdf

Quote:
Originally Posted by LSUC
5. Lawyer’s duties

Every lawyer who undertakes to act on behalf of a spouse in a divorce proceeding must draw to his or her attention the provisions of the Divorce Act that have as their object the reconciliation of spouses and to discuss with the spouses the possibility of reconciliation before the application is signed, including the availability of marriage counselling or guidance facilities that might be able to assist the spouses in achieving reconciliation. The lawyer does not have to comply with this section where the circumstances of the case are of “such a nature” that it would clearly not be appropriate to do so (s. 9(1)).

The lawyer must also discuss with the spouse the advisability of negotiating matters that may be the subject of a support or custody order and to inform
him or her of the mediation facilities known to the lawyer that might be able to assist the spouses in negotiating these matters (s. 9(2)). This clearly
indicates Parliament’s intention to promote negotiated settlement of all matters corollary to a divorce and suggests that more must be shown
than mere deviation from what a trial judge would have awarded in an order before it is appropriate for a court to disregard or set aside a separation
agreement (Miglin v. Miglin).
Miglin v. Miglin, 2003 SCC 24, [2003] 1 SCR 303
Date: 2003-04-17
Docket: 28670
Parallel citations: 2003 SCC 24 (CanLII); 66 OR (3d) 736; 224 DLR (4th) 193; 34 RFL (5th) 255; 171 OAC 201
URL: CanLII - 2003 SCC 24 (CanLII)
Citation: Miglin v. Miglin, 2003 SCC 24 (CanLII), [2003] 1 SCR 303

Divorce Act s.9.(1):

CanLII - Divorce Act, RSC 1985, c 3 (2nd Supp)

Quote:
9. (1) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding

(a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses, and

(b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to him or her that might be able to assist the spouses to achieve a reconciliation,

unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.

Idem

(2) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding to discuss with the spouse the advisability of negotiating the matters that may be the subject of a support order or a custody order and to inform the spouse of the mediation facilities known to him or her that might be able to assist the spouses in negotiating those matters.

Certification

(3) Every document presented to a court by a barrister, solicitor, lawyer or advocate that formally commences a divorce proceeding shall contain a statement by him or her certifying that he or she has complied with this section.
Still laughing at this. Asking someone in a for-profit industry to do something like this that would reduce their income/billable is like asking water to be dry.

Good Luck!
Tayken
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