Ottawa Divorce .com Forums

User CP

New posts


  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Closed Thread
Thread Tools
Old 04-10-2008, 12:34 PM
singledad99 singledad99 is offline
Senior Member
Join Date: Jan 2008
Posts: 289
singledad99 is on a distinguished road
Default Severing the divorce from other issues

We have been separated for 2.5 years. It appears that ex is not a rush to settle issues and is disputing everything for the sake of it. I have a case conference tomorrow to discuss custody, financial affairs and divorce. What are the circumstances under which a judge can sever the divorce from other issues.

Brief background:

All financial affairs have been addressed in separation agreement - ex is asking for the agreement to be set aside

Custody has been addressed in separation agreement plus there is a court order on that - ex is asking to set both aside.

My position is that divorce should not be stayed because all other issues are already part of previous agreements and/court order.

Thank you.
Old 04-10-2008, 07:12 PM
logicalvelocity logicalvelocity is offline
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity


You could deal with the matter by way of motion to severe the corollary issues issues and seek the Divorce.

See this case:

On appeal from the judgment of Alison Harvison Young of the Superior Court of Justice dated February 22, 2005.


[1] The appellant appeals from the order of Justice Harvison Young dated February 22, 2005, made in divorce proceedings between the parties.

[2] The appellant says she did not receive the notice of motion. However, it was sent by ordinary mail to her address for service recorded in the court file which remained her residence, though the appellant says she was not staying there at the time. The appellant did not persuade us that we should interfere with the motion judge’s finding that she was properly served.

[3] However, we are satisfied that to the extent that the formal order does more than sever the divorce from the corollary issues, grant a divorce, and allow the respondent to amend his petition for divorce to include an order that the matrimonial home be sold, it must be set aside. In that regard, we note that, by letter dated February 24, 2005, the respondent’s solicitor served the amended petition upon the appellant asking for the relief in relation to the sale of the matrimonial home indicating that those issues remain to be decided.

[4] The motion judge had jurisdiction to make the orders severing the divorce from the corollary issues, granting the divorce, and allowing the respondent to amend his petition for divorce. However, we are of the view that the corollary relief relating to the sale of the house should not have been granted until the petition had been amended and served upon the appellant.

[5] Consequently, the appeal is allowed to the extent that paragraphs 4, 5, 6, 7, and 8 of the order below are set aside.

[6] As both parties appeared in person, there will be no costs of the appeal.

“J.I. Laskin J.A.”

“Robert J. Sharpe J.A.”

“R.G. Juriansz J.A.”
Closed Thread

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Online divorce? ExWife2Many General Chat 10 08-12-2010 08:15 AM
Divorce Separate From Other Issues About_Time Divorce & Family Law 7 07-23-2010 10:41 AM
Severing issues... jlalex Divorce & Family Law 2 07-05-2007 07:29 AM
Confused - Need Help -30 Days Up TODivorce Divorce & Family Law 1 12-22-2006 08:04 AM
Your motion severs the Divorce from the corollary issues Fresh Starts Divorce & Family Law 3 12-06-2006 01:22 PM

All times are GMT -4. The time now is 12:15 AM.