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Requested Orders for equalization and support

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  • Requested Orders for equalization and support

    I am terrified doing this on my own but i cant afford a lawyer. I have many ground for doing this on my own and so many more for needing representation but truth is that we have nothing together. its all nickle and dime stuff.
    I'm preparing an application, and would like some advice if i have wrote the order in request correctly?

    1. An Order that the Respondent provides his address to the Courts in accordance with the Family Law Rules.

    2. An Order that the Respondent provides an address for Service in accordance with the Family Law Rules.

    3. An Order that the Respondent shall not attend the property legally known as Parcel XXXX, without making prior arrangements with the Applicant and will not attend without consent from the Applicant.

    4. An Order that a certificate of pending litigation shall be issued for the property legally known as Parcel XXXXX

    5. An Order that the property legally known as Parcel XXXXXl be conveyed to the Applicant's name only.

    6. In the alternative, An Order that the property legally known as XXXXX be conveyed to the names of the Applicant and Respondent as joint tenants.

    7. An Order that the Respondent Shall be restrained from depleting or encumbering or disposing of his interest, if any, in the property legally known as Parcel XXXXX

    8. An Order that the Respondent shall pay expenses due for the property legally known as Parcel XXXXX not limited to the mortgage, taxes, insurance and any other l including expenses deemed just until further Order of the Courts or a settlement is reached in regards to the property.

    9. An Order restraining the Respondent from depleting any family property under his control and requiring him to preserve all such property until further Order of the Court.

    10. An Order that the Respondent obtain the imputed value of his Pension accumulated during the relationship from the Administrator of his pension plan pursuant to section 67.2 of the Pension Benefits Act, R.S.O 1990.

    11. An Order that the Respondent transfer one-half of the imputed value of his Pension to the Applicant pursuant to section 67.3 of the Pension Benefits Act, R.S.O 1990.

    12. An Order that the Respondent pays all costs associated with the early discharge of funds from the Respondents Pension Plan, including but not limited to, Fees, Penalties, Deduction of Interest, Cashiers Note, any Accounting expenses and any further costs that may occur as a direct result of removing funds if deemed necessary to remove funds.

    13. An Order for equalization of salaries of the parties for the period of marriage, and any further period of time the Courts deem just, pursuant to section 5,(6)(d) of the Family Law Act.

    14. An Order that the Respondent pays Spousal Support to the Applicant pursuant to section 30 of the Family Law Act. or the Divorce Act 15.2 (1)

    15. An Order for the equalization of all net family property pursuant to section 5(1) of the Family Law Act.

    16. An Order that the Respondent shall maintain, for the benefit of the Applicant, a plan of health insurance for extended health care benefits including dental and eye coverage and other coverage as available through his employment.

    17. An order that the Respondent designate the Applicant as irrevocable beneficiary of his life insurance policy or policies pursuant to section 34(i) of the Family Law Act.

    18. An Order that the Respondent begin to maintain the joint cell phone plan, until such time they can be properly separated, and the Applicant can retain her phone number.

    19. An order that the Respondent pay costs on a full indemnity basis, plus HST if deemed, thereon. Such further and other relief as the courts deems just.

    20. An Order that the Applicant is responsible for his own legal costs, to the full amount that he is billed, and for any other extenuating expenses his legal counsel deems necessary to bill to him.
    I have more questions but this is all I feel I can start with..

  • #2
    How about hiring a lawyer on a limited scope basis? Many people cannot afford the $10,000+++ it takes for full scope litigation. But most can afford a lawyer for 1-2 hours to review your documents and give direction.

    No one can say if you've asked for the proper orders (or if you missed something important) without knowing all the facts of your case. This is one of the (many) values of a lawyer.

    Also, since you own real property, some lawyers will defer their fees until the property is sold.

    (20 is unnecessary though, I've never seen that Order requested).
    Last edited by Kinso; 02-02-2021, 10:56 AM.

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    • #3
      Thank you, and your right a bit of history would have gone a long way.

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      • #4
        Kinso might be able to help me with my response...have you filed a motion yet on this? Everything you are asking for is straightforward in a motion for divorce (that probably isn’t the proper wording) where you ask for equalization and the sale of the house. If you are struggling to serve him you can also seek to change service requirements. Might also want to check about a restraining/refraining order?

        If you have details on all financial matters regarding the value of the property as at date of separation, that info will be used to calculate equalization and if the other party has been depleting it, it won’t look good on them. Call your bank as well to stop anything from coming out of accounts.

        Right now you need the orders to start the process and get the house sold. The pension and other equalization can wait.

        You should at least speak to a lawyer for some basic info or even see if you have a local Family Law InformationCentre at your local courthouse.


        Sent from my iPhone using Tapatalk

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        • #5
          Thank you Rockscan,
          I am preparing the Application, that is what these orders are for. I will not be asking for a Divorce if I do than I do not qualify to be on his health benefits. I am asking for Support and Equalization of assets and possession of the Matrimonial home, but in honesty I just want the Matrimonial home, but if I don't ask for everything and make him realize how this could turn out he will not see the advantages in letting me keep my home.

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          • #6
            Note that his health insurance may not provide benefits to you if you are separated.


            Sent from my iPhone using Tapatalk

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