You may find yourself thinking 'mine is a simple case, do I really need a lawyer to do all of this?' Or you may be concerned about the cost of hiring a private lawyer.
On this page, we explore some of the options you may consider, their advantages and drawbacks, and why having a lawyer can actually be a less expensive method.
Can I represent myself?
You absolutely can choose to represent yourself in any legal proceeding, and the Manitoba Law Courts has some excellent information to help you to navigate the courts. You can also choose to prepare your own separation agreement or other legal documents.
While it is always an option to represent yourself, navigating the legal system without a background can be extremely daunting. Our lawyers have spent three years in law school and years working in the courts, drafting documents and studying law and even we learn new things every day!
If you choose to represent yourself, you are expected to familiarize yourself with the Court Rules and procedures of court, and you will be expected to draft documents, understand rules of evidence and apply the laws appropriately. Ignorance of a procedure may not be a defense against doing something incorrectly, and one mistake can have huge ramifications.
While you may be able to figure out how to file an uncontested divorce or simple probate, you will likely wind up spending a lot of time drafting and redrafting documents, attending court to file materials, and documents can be rejected if there is one typo.
can't we just work this out ourselves?
Often people will decide just to draft their own agreement from a template they find online or make up on their own. Sometimes this is fine - one of our lawyers had a client who spent twenty years abiding by a one line agreement! - but there can be many problems, such as:
- A homemade separation agreement may not be sufficient for your bank to let you refinance or transfer your house to one of the parties
- If one of the parties changes their mind in the future about the terms of the agreement, a court may decide to set aside a homemade agreement with flaws or not enforce or set aside, some, or all of a homemade agreement. Sometimes people will reach agreements, with one spouse giving up one thing, in exchange for another, only to later discover that some/all of the agreements can’t be enforced later on. This can leave one spouse at a disadvantage which could have been avoided by using specific wording.
- Certain documents must be witnessed by a lawyer in order to be valid (such as documents dealing with pensions, or the transfer of homes, etc.).
- If you are married, the Court may not approve of the way your agreement deals with the child support issue, and thus you may not be able to become divorced.
- Unexpected tax issues may arise. The Canada Revenue Agency often requires specific formats and/or wording to achieve your desired result. Often these issues cannot be fixed “after the fact”.
At its most basic level, sometimes misunderstandings may arise later on which cause conflict in your family. While it may seem like you are both in agreement now, we know from experience that sometimes the same words can have different meanings for two people. We can assist in clarifying your intentions, and help to avoid future conflict.
We love it when our clients are able to come to agreements between themselves - we believe that you are in the best position to make decisions about your life - and we offer very reasonable fees to put your families’ wishes and agreements into a legally enforceable form. Check out our fees to help you determine the best option for you.
Can I use a mediation service?
Mediators are great and we often recommend that clients who are unable to come to agreements about their parenting work with a mediator to help come to a resolution. The Provincial Government offers free mediation through Family Conciliation Services and many of our clients have found it very helpful. There are also private mediators who can provide services for fees, often more quickly than Family Conciliation Services is able to. We can provide you with some suggested child focused mediators' names.
The important thing to remember about mediators is, while they can be great at what they do, they are not lawyers. If you decide to go through a mediation service, they will not prepare a Separation Agreement or Divorce for you. They will help you to come to an agreement and you will then be responsible to hire your own lawyers to prepare the legal documents.
While mediators can be very helpful with custody issues, and for exchanges of financial documents, because they are not lawyers they may not have the necessary understanding of the law to appropriately advise you on property division and support.
If you decide to go through a mediation service and then hire a lawyer to prepare the documents, you will likely pay significantly more than if you and your spouse hired knowledgeable and fair lawyers to begin with or, alternatively, if you both speak with a lawyer before your mediation begins to gain an understanding of what laws may apply to you. Check out our fees to help you determine the best method for you.
HOW DO I PAY FOR A LAWYER?
If you meet a minimum income threshold you may qualify to have legal aid certificate granted which will enable Legal Aid Manitoba to pay for certain legal services on your behalf.
If you qualify, you may have the choice to appoint a private lawyer (whose services will be paid by Legal Aid Manitoba) or a staff lawyer from one of the Legal Aid Manitoba offices. There is no advantage to having a private vs. public legal aid lawyer. Click here for more information.
We are understanding of the financial predicaments some of our client’s may be in. If your matter does not require help from the Court, see our Fees page for some set rate services we can offer you. If your matter does require help from the Court, we are open to discussing payment arrangements that are manageable for your specific situation.