Divorce application

[billiechic]

So I can now file for divorce and I`m wondering what steps to take. The custody and CS was dealt with in family court, since at the time of filing I didn`t want to deal with all the financial issues.

Since we`ve submitted minutes of settlement do I just attach a copy to the application, then detail how we have dealt with equalization. I still have to send him an offer on that, but he should agree, since he needs to get divorced to get re-married!

[dadtotheend]

So I can now file for divorce and I`m wondering what steps to take. The custody and CS was dealt with in family court, since at the time of filing I didn`t want to deal with all the financial issues.

Since we`ve submitted minutes of settlement do I just attach a copy to the application, then detail how we have dealt with equalization. I still have to send him an offer on that, but he should agree, since he needs to get divorced to get re-married!

We included the divorce in our final order. Indeed our final order is divorce order. Instruct your lawyer to take your minutes of settlement and put them into a divorce order.

Don't give the lawyers another shot at your pocket.

[Mess]

dtte has it right, that's what I did too. Incorporated the custody and financial details of the settlement agreement into the divorce order. This makes the settlement agreement a court order, and gives you a divorce at the same time, the most cost effective method. The only small drawback I can see is that if I'd needed the force of a court order immediately I wouldn't have had it; it takes months for the divorce order to go through, so for example if you need FRO (I know it doesn't apply to you C) or if he starts playing custody games then you have nothing to back you up while you are waiting for the judge's signature on the divorce order. The alternative is to register the separation agreement with the courts immediately and then file the divorce separately, but that is a double process that is more costly and probably unnecessary.

Since he wants to remarry, if you insist on the settlement being incorporated into the divorce then this will get him off his ass for settling those last couple of details.

[billiechic]

See, I can't do that, since the order is in family court. I know we should have moved courts, but we didn't.

Anyway, the minutes of settlement are being written up and the judge has approved. So I think I should submit a copy of that (the draft should be ok if I include file number). I'm sure he'll be ok with settling the financials, the house was sold a year ago so there are only a few outstanding things. Frankly I don't care about collecting on any of it, so long as he takes care of the joint line of credit, and I'll take care of mine (they were both used for family finances).

If I submit the minutes, the arrangements we agree to for equalization and he signs jointly, what kind of time frame and fees are we looking at? We aren't doing this through the lawyers, my lawyer doesn't seem to want anything to do with it, and that's fine by me. He's sort of against a wall now, so I can't see too much delay.

[InterprovincialParents]

You can still submit Minutes of Settlement in a Provincial court to the Divorce in Superior court....

[InterprovincialParents]

Take the order you got in provincial, and add is as part of your package to SC.

[billiechic]

Thanks IPP, that's what I thought I should do