What to do when facing an issue? A lawyer’s perspective
Hello everyone, I’m Lawyer He. Many friends call us to ask: If you want to get a divorce in Ontario, Canada, what procedures might be involved? Today, we are launching a video series to share and explain what issues you might encounter and what procedures are available for you to choose from if you are facing a divorce in Ontario, Canada.
📖 Detailed video page (including legal references): https://www.miaohelaw.ca/videos/ontar… 📅 Book a 1-on-1 consultation with Lawyer Miao He: https://www.miaohelaw.ca/contact/
Today, let’s start by sharing the very first procedure you are likely to face when considering a divorce: Negotiation. Negotiation can be conducted between the two parties directly, or through lawyers. However, there are major differences between these two negotiation methods:
1. Negotiation directly between the parties: You can freely reach a resolution on disputed matters as long as both parties agree and accept it. Once an agreement or resolution is reached, you can hire a divorce lawyer to draft a Separation Agreement for you, putting your agreed-upon terms into writing.
2. Negotiation through lawyers: During the process of negotiating through lawyers, the lawyer will typically first help the client prepare a Financial Disclosure. Once both parties have completed financial disclosure, the division of net family property can then be determined. From my personal perspective, when you hire a lawyer to negotiate on your behalf, try to avoid making unreasonable requests that lack a legal basis. The opposing lawyer will not agree to such requests, and it will waste a significant amount of your time. Since lawyers bill by the hour, this will simply inflate your legal fees for no good reason. For example, I once received a legal letter from opposing counsel demanding that my client leave with nothing (i.e., waive all property rights). Such a demand is unreasonable and lacks legal basis. In Canada, there is no legal concept of “leaving with nothing.” Even if you go to court, requests without a legal basis will not be supported by a judge.
Therefore, an ineffective negotiation brings you no benefits whatsoever, other than a massive legal bill. In our next video, we will share other divorce procedures and key points to keep in mind.
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