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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 05-16-2013, 11:45 AM
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Does anyone have a rough idea how much it might cost to do this through a divorce lawyer? I was just wondering if the fees would be so high that they would trump an unequal division in my favour.

I checked out section 5(6) and I personally think it would be unfair if the wife gr half. I just have a feeling a judge wouldn't see it my way.

What happens if I were to start the process with a divorce lawyer now, even though our one year anniversary is only in September? Would I incur additional fees and headaches until the court date?
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Old 05-16-2013, 11:56 AM
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In my experience, having gone through a relatively inexpensive divorce as it only took 9 months, lawyers are extremely expensive and you should definitely give serious thought to the cost.

Just to have a lawyer send a letter out for you can be 200.00. Run-of-the-mill legal fees are anywhere from 250.00 - 300.00/hr. Nowadays you might find that lawyers don't give you a free 1 hour consultation like they did many years ago.

If you can get together with your wife and sort out the majority of your issues you will definitely save a pile of money. Once you get lawyers involved, and if there is equity in the family home, you can expect the disputes to increase and the lawyers bills to reflect the discourse. Lawyer love it when their clients disagree - that is how they make money.

A typical 4-way meeting (you, your ex, and your respective lawyers) can set you EACH back 2500.00 easily. Some people have 3 or 4 of these meetings before an agreement is negotiated and the divorce papers are drawn up.

Lawyers charge you for all emails they receive from you and/or your wife's lawyer and all emails and letters send out on your behalf.

You are definitely much further ahead if you can come to agreement yourselves.

Last edited by arabian; 05-16-2013 at 11:57 AM. Reason: typos
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Old 05-16-2013, 02:26 PM
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Quote:
Originally Posted by rdm35 View Post
Does anyone have a rough idea how much it might cost to do this through a divorce lawyer? I was just wondering if the fees would be so high that they would trump an unequal division in my favour.

I checked out section 5(6) and I personally think it would be unfair if the wife gr half. I just have a feeling a judge wouldn't see it my way.

What happens if I were to start the process with a divorce lawyer now, even though our one year anniversary is only in September? Would I incur additional fees and headaches until the court date?
It all of course depends on how amenable both parties are.

If you are going to use a lawyer for all negotiations, and you don't foresee an easy agreement, a retainer will probably set you back $5000 and don't expect to get any back.

In my case, I struck a middle road. After my initial consult (greatly reduced price), I did the negotiations, but I had the lawyer draft one section of the agreement. I also had the lawyer review the final agreement. Total bill was about $2000, just to get a signed agreement.

As for filing, I went with an inexpensive company that was about $850 for all the paperwork, and serving my ex.

You can spend much much more if you can't work an agreement.
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Old 05-16-2013, 02:44 PM
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Quote:
Originally Posted by Mess View Post
DowntroddenDad is correct, I still don't understand where FightingForFamily got that idea.

Jamal, F. (2011) "Abolish the Special Treatment of the Matrimonial Home", Ontario Bar Association Journal

This is very complete explanation of the issues around the mat home, especially in a short marriage. It explains the exclusion of funds brought into the marriage, and suggests some workarounds for a short duration marriage. Especially pay attention to:
does this strictly apply to term of marriage or is commonlaw rolled in to this as well (I am guessing not but want to confirm).
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Old 05-16-2013, 03:47 PM
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I'll try to be more specific, based on my understanding, the matrimonial home will be split 50/50 under most circumstances (matrimonial home laws apply).

However, you will get to add the 80k on your side of the equalization as well.

I am attaching a sample NFP showing this...

You would be expected to get around half back of the 80k from your Dad, but not all.
Attached Images
File Type: jpg nfp-example.jpg (87.5 KB, 7 views)

Last edited by FightingForFamily; 05-16-2013 at 04:02 PM.
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Old 05-16-2013, 06:26 PM
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Quote:
Originally Posted by justcurioustoknow View Post
does this strictly apply to term of marriage or is commonlaw rolled in to this as well (I am guessing not but want to confirm).
Specifically section 5 (6) (e) includes cohabitation before marriage. This is the "less than 5 years and it is unconscionable to split assets equally" section.

Pope vs. Pope 1999

There may be other decsions on this, I haven't gone through them all.
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Old 05-17-2013, 05:12 PM
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I don't think she's going to agree to list it and split 50/50.. She likes it too much and I think she may want to buy me out. I wouldn't mind buying her out but right now I can't because I'm making a lot less on EI for these three or four months that ill be off work. So I feel like I'm in a pretty vulnerable position.

If I call up a divorce lawyer right now, what would he be able to do? We don't even have a separation date.

I thought I could just tough it out until September but I think I misunderstood: I can't get divorced in Sept 2013 because I will have been married for a year... I can only get divorced one year after the separation date which hasn't actually been determined yet...

I'm not sure what my options are... To just continue living in a toxic relationship whilst collecting EI and getting therapy for anxiety and hopefully being able to make a return to work,

or just give up and ask her to talk to the bank about possibly refinancing the mortgage so she can pay me half of the equity....

Or perhaps see a divorce lawyer (but really not sure what he could do for me at this point)
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