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Question - I am serving my ex next week since I have been waiting for financial disclosure from her for almost 10 months. I don't anticipate her providing an answer given her track record with getting disclosure together. My lawyer informs me that we will then have a case conference - my questions is why would we need a case conference if we are stating the division of the funds sitting in trust from the sale of the matrimonial home in the court application? Thanks.....
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TODivorce,
The Courts of Justice Act (Family Law Rules) discourages a party from bringing a motion early in the case before a case conference is held on the substantive issues.
The exception to this would be a motion brought in a ex parte fashion, and even in this manner, the matter is usually returned back to the same court, Judge etc to allow the other party to Respond to the motion with their own evidence etc within two weeks.
Financial disclosure is very important. I suspect your lawyer will probably request from the court an order that the other party shall serve and file full financial disclosure. This is a simple procedural issue and the other party is not abiding by the Family Law Rules. Your Lawyer should also request costs if the matter is not settled at the case conference and you are successful at the motion.
lv -
Actually, you aren't allowed to hold a motion before a case conference unless it is an emergency motion. Of course, who is to say what is an emergency? A lot of lawyers tend to bring "emergency" motions just to get before a judge well knowing that the issues at hand are not urgent. I would say in most cases the motion is adjourned. Lawyers who do this normally get away with getting a date if the issues are regarding support and/or custody.Comment
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