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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 11-19-2019, 11:34 AM
HonestBubble HonestBubble is offline
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Default Form Content – Generic legal sentences

Hello all,

I’m another person who has spent the last two years trying to mediate and settle using multiple lawyer(s) but failed due to non-disclosure from my spouse. This has led to me being self-represented due to the fact that my retirement account /kids inheritance has depleted.

*Question: Is there anywhere on this website OR on the internet that has examples of generic legal sentences that can be modified to allow me to ask the judge in their legal lingo? OR Is there a cheap online service/database that will give me the correct legal sentence for what I would like to request?

I.e.) How to ask for costs and expenses?

Form 25

ON CONSENT, THIS COURT ORDERS THAT: or THIS COURT ORDERS THAT:

1. Within 14 days, the Respondent shall provide the following documents:

a. …
b. …

2. Settlement Conference adjourned for continuation on a date to be set.

3. Costs and expenses…???


Thank you!
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  #2  
Old 11-19-2019, 11:37 AM
rockscan rockscan is offline
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I think you just state that costs be ordered on a full indemnity basis.

But I could be wrong. At my husbands separate disclosure motion his lawyer simply raised costs with the judge verbally.
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Old 11-19-2019, 11:10 PM
tilt tilt is offline
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Are you asking for how to word Orders? Read a bunch of cases on CanLii and note how the Judge writes the Order (usually at the end of the Judgement). Just modify for your circumstances.
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  #4  
Old 11-21-2019, 01:48 PM
HonestBubble HonestBubble is offline
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Awesome! Thank you
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  #5  
Old 11-21-2019, 04:21 PM
LovingDad1234 LovingDad1234 is offline
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FINALLY reached Minutes of Settlement, but in trying to file it as a Court Order, the judge said lots of stuff we landed on does not belong in a court order, and that it reads more like an agreement than an Order..

Both parties are now self-repped after blowing all savings/futures and neither wants to fork over any more money to a lawyer to finalize the deal. Not given any decent instruction by court staff on how to proceed. Some stuff they say belongs in an agreement rather than court order. Neither of us qualify for legal aid, but also, neither are rich either, especially after the long legal ordeal.

Trying to figure out how to finish this thing before the file gets dismissed.

Option A: File BOTH a Form 25- Court Order (dealing solely with custody, access and support only) and a Form 26B- Domestic Contract (having all the other stuff we agree to in which the court doesn't want in a formal order). Having the "additional stuff" is necessary and tied to the agreement on custody and access.

Option B: File everything under Form 26B- as a Separation Agreement filed with the court. But then its not a Court Order... we want this stuff to be enforced by a court, particularly as it relates to access and custody.

Option C: Pay lawyer $1,000 to figure it out through 3 hours of work. Problem is, is that both parties are at a standstill, where we both think we lost in the matter and don't want to pay more than we already have. Grown adults would equally split the $1,000 equally. But going through a high-conflict ordeal over YEARS costing north of $50k for no good reason, we have proven we cannot agree to split the cost of finishing the deal.

Any thoughts?
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Old 11-21-2019, 05:25 PM
rockscan rockscan is offline
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Can you not do an agreement only and if anyone is concerned about enforcement of support that can be turned into an order.

Many people on here have agreements and then just went back to file motions to change.
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  #7  
Old 11-21-2019, 06:07 PM
LovingDad1234 LovingDad1234 is offline
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Quote:
Originally Posted by rockscan View Post
if anyone is concerned about enforcement of support that can be turned into an order.
I am not worried about enforcement of support, as I am the one paying it and know that I have to pay it each month, every month, to the table amount, etc.

My issue is that my ex fought tooth and nail to try to severely limit my access and ability to be a parent to our children. It'll be 50/50 after a graduation period, and I want that written in stone and fully enforced, as my ex has backed out of 50/50 countless times during legal negotiations while they were self-repped, costing me thousands and thousands in legal fees and only frustrating my lawyer beyond belief because they kept flip-flopping on whether or not to ever allow access to get to 50/50. I finally got an agreement (without costs award) that says 50/50 after modest graduation and I want to protect myself from their inevitable attempts to weasel out of it....
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