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  • Questions regarding corollary relief and issues

    I have a couple of questions in regards to an affidavit that I signed today.
    Can someone please explain what these mean....


    #1 - I believe that if a divorce is severed from the corollary issues, the respondent will understand that our marriage is over and we will both be able to move on.

    #2- i am therefore requesting an Order that the divorce be severed from the corollary relief and that a divorce Order issue from the application herein.

    #3- I am also seeking an Order that the balance of the corollary issues proceed to a settlement conference to be scheduled by the court.


    Thanks

  • #2
    Fresh Starts,

    it basically means you want to proceed with a divorce up front and leave the door open for corollary issues at the present time. The term "corollary" is used in the Divorce Act Canada. Corollary relief refers to spousal and child support.

    With that in mind, if a divorce is granted, you always have to the door open for spousal support as the language refers to "Former Spouse"

    see section 15

    http://lois.justice.gc.ca/en/D-3.4/235064.html

    COROLLARY RELIEF

    Interpretation

    Definition of “spouse”

    15. In sections 15.1 to 16, “spouse” has the meaning assigned by subsection 2(1), and includes a former spouse.

    R.S., 1985, c. 3 (2nd Supp.), s. 15; 1997, c. 1, s. 2.

    lv

    Comment


    • #3
      With the wording on the affidavit it sounds like I am severing all chances of going back and collecting more child and spousal support at a later date.

      And I still don't understand #3 - I am also seeking an Order that the balance of the corollary issues proceed to a settlement conference to be scheduled by the court.

      Tha affidavit had to be sent out today (and it was) and there is motion being heard on Friday. However I still have a Settlement conference being held in late January. Is there a chance that everything will be settled at the motion on Friday or do you think the judge will just adjust the child and spousal support and not deal with everything else until the settlement conference. My affidivat that I signed was 7 pages long, along with a financial statement that was 11 pages long.

      Comment


      • #4
        freshstarts,

        as you mentioned,

        With the wording on the affidavit it sounds like I am severing all chances of going back and collecting more child and spousal support at a later date.
        no not at all. Remember the divorce language "former spouse" Even if you are divorced, you can still bring forth a claim or reopen a claim if divorced. As you mentioned in a earlier post, you have some sort of interim order providing spousal and child support, they are bringing forth a motion to vary due to an alleged material change of circumstance. If another material change were to occur, such as the party securing employment, then you could also bring forth action in regards to the material change.

        And I still don't understand #3 - I am also seeking an Order that the balance of the corollary issues proceed to a settlement conference to be scheduled by the court.
        You lawyer doesn't want a judgment on the child and spousal issues and it appears they are trying to buy you time. Lots can happen between now and January. After all, EI doesn't last forever and as such most likely the individual will seek or secure employment shortly. They have to live on something. Question is this, the other party appears to want immediate relief, in an urgent manner, arrears are accumulating for same. You have an outstanding offer with them for settlement.

        Tha affidavit had to be sent out today (and it was) and there is motion being heard on Friday. However I still have a Settlement conference being held in late January. Is there a chance that everything will be settled at the motion on Friday or do you think the judge will just adjust the child and spousal support and not deal with everything else until the settlement conference. My affidivat that I signed was 7 pages long, along with a financial statement that was 11 pages long.
        It is difficult to say and all depends on the Judge who hears the matter. Generally Judges will take support of the child as a paramount consideration, and I do suspect that the court will want to know what steps the party is taken to secure employment to fulfill their support obligations. I do suspect the Judge will accept your ex's position of being on EI as temporary. The Judge might leave the status quo in effect pending trail, or may grant relief.

        lv

        Comment

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