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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 04-21-2020, 11:29 AM
billconnors2014 billconnors2014 is offline
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Default Confused re: Form 13.1: Financial Statement

I am in Ontario.

Spouse and I are separated and both have lawyers for independent legal advice, separation agreement and (maybe if we dont do ourselves) the actual divorce filings.

Spouse and I are very amicable and want to complete everything as easy and least expensive as possible. Neither wants to go to court - very very very tiny chance of that happening.

There will be property division and spousal support but no kids involved or any marital home/fixed assets.

We will get lawyers to draw up formal separation agreement based on what spouse and I agree to together.

Lawyers involved seem reasonable but seem to be typical lawyers - "Fill out form 13.1 and leave it all to us" - ugh fee grab I smell, typical lawyers albeit less greasy than average....

I have come across some sources that seem to say that one does ***not*** have to use or file with Court the "Form 13.1 Financial Statement" if applying for "Joint Divorce" where parties have agreed on property division and spousal support or "Simple Application" - for example:

https://lisagelman.com/divorce/how-to-get-a-divorce-without-a-lawyer/

https://stepstojustice.ca/questions/family-law/what-financial-statement-what-documents-do-i-have-give-my-partner

Spouse and I are willing to disclose finances to one another (using Form 13.1 as guide) in writing and have lawyers review/approve but would like to avoid Form 13.1 and especially filing Form 13.1 with court - because of work involved, cost and privacy. My questions:

Q1. Are the above (see URLs) correct re: not having to use or file 13.1 for Joint or Simple? Surprise surprise the "welcome to the firm" paperwork both our respective lawyers provided us do not even mention Simple/Joint and just seem to leave impression that "General Application" is the (only) process. Ugh lawyers. Don't get me wrong - a good lawyer is worth weight in gold - unfortunately those are not the rule just the exception IMHO.

Q2. If one did have to file 13.1 with Court, how is it kept private? Who could see it after filing/how is it kept private?

Thanks!
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Old 04-21-2020, 01:12 PM
Kinso Kinso is offline
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Without financial disclosure (which is the form 13.1 and supporting documents) any agreement could be set aside by a.56(4) of the Family Law Act.

Lawyers donít like getting sued. And we canít give proper advice without knowledge of the finances. Itís ok to forgo support or an equalization payment, but people need to know what the Family Law Act would likely do and how it compares to their deal.

Itís not necessary, but Iíd never sign a certificate for ILA without complete disclosure.

The form 13.1 is not generally filed with the court in the event of a simple/joint divorce. It could be, but itís not a standard practice.

Last edited by Kinso; 04-21-2020 at 01:15 PM.
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Old 04-27-2020, 11:37 AM
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Tayken Tayken is offline
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Without financial disclosure (which is the form 13.1 and supporting documents) any agreement could be set aside by a.56(4) of the Family Law Act.
So nice to have an actual lawyer contributing. Thank-you.
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Old 04-27-2020, 01:07 PM
Abba435 Abba435 is offline
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Originally Posted by Tayken View Post
So nice to have an actual lawyer contributing. Thank-you.
Kinso is awesome. As are many others here yourself included.
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