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Your motion severs the Divorce from the corollary issues

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  • Your motion severs the Divorce from the corollary issues

    I e-mailed my lawyers assistant today to ask the following question:

    Since the motion was adjourned on December 1st, has it been rescheduled for December 15

    And what is being taken care of in this motion


    I received an e-mail back with this response:

    The Motion is scheduled for December 15, 2006.

    Your motion severs the Divorce from the corollary issues.

    His motion deals with a variation of the support payable.

    I think they are intending to finalize the file at that time.

    Sarah has instructed me to have a Divorce Order ready for the Motion so you can have your Divorce on the spot in any event.

    Trusting same is the information you require.


    Can someone please explain to me what this sentence means ( In english) lol:

    Your motion severs the Divorce from the corollary issues.

    Thanks

  • #2
    Here is a good site that may help your understanding:

    http://www.parl.gc.ca/information/li...-e.html#relief

    "1. Corollary Relief Applications

    The powers of a court hearing a divorce action to grant corollary relief are governed by sections 15 to 19 of the Divorce Act. Corollary relief may be sought by the petitioner in the application for a divorce, or by the responding spouse in a counter-petition. Corollary relief claims may be joined with claims for a division of property or other relief under provincial family law legislation. Orders may be made on an interim or final basis, and even orders for “interim interim” custody and support are made in some jurisdictions in order to provide for the needs of the dependent members of the family while interim corollary relief applications are being resolved. It is also possible, in jurisdictions where it is permitted by the provincial rules governing court procedures, to sever the divorce from the corollary relief sought, in order that a summary judgement of divorce may be granted to the parties even before corollary matters have been dealt with by the court."

    I assume what they are trying to do is to get the divorce granted separate from the issues and orders for support, etc. (corollary issues).

    If you google "family law motions corollary issues sever divorce" etc you get a lots of interesting hits.

    Comment


    • #3
      Fresh Starts,

      Your motion severs the Divorce from the corollary issues.
      I echo what DD has mentioned,

      I assume what they are trying to do is to get the divorce granted separate from the issues and orders for support, etc. (corollary issues).
      This is somewhat problematic for you. It appears that your motion is asking for a Divorce to go ahead and may not even deal with the amounts held in trust. They will be seeking a variance of the support issues.

      lv

      Comment


      • #4
        I know LV,

        But my lawyer states that this is our best course of action.
        She states that we will take care of the money remaining in trust afterwards.

        As stated in a previous post, she has told me that I will have to wait until Thursday (tomorrow) to find out if the ex and his lawyer are going to allow the other lawyer who is holding the money in trust (Only $10,000 out of $28,000) to give it to FRO. If the ex does not agree to release the money to FRO - I don;t know what ny next step will be.

        Comment

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