I’m separating - what do i do?
Going through a separation can be one of the most upsetting and stressful things in life. You're probably asking yourself a lot of questions - What will happen with my children? Will I be able to afford to live? How do I find a lawyer and what will the legal process look like?
Our job is to help you navigate through all of these questions and find the best resolution for you and your family. We believe in honest communication and transparency and hope that you can find answers to some of your questions right here. Sometimes the answer may not be what you expected to hear, but we believe in providing you with as much information as we can, as no one will know better what will work for your family than you.
If you have more questions or would like to talk about retaining one of our lawyers, please feel free to contact us.
What should i do to protect myself if i am thinking about separating?
If you are considering separating from your spouse or partner, you may have well-meaning friends and family advising you that you need to protect yourself. Luckily, the laws of Manitoba provide significant protection without you having to do anything. It may help to:
1. Collect copies of any financial documents (see a comprehensive list here) for both yourself and your partner and keep them away from the home. While there is an obligation on both of you to provide full financial disclosure, it can be much easier if you have everything in your possession. Don't worry if you can't find everything, some is better than nothing.
2. Begin to keep records of important things that may happen. Manitoba has no fault divorce, so there is no reason to worry about having evidence of something like an affair, but if there are concerns about your children and custody, you may wish to keep records of material things happening in your home.
If you are not employed, and are concerned about how you will provide for yourself and/or your children after separation, it can be helpful to ensure you have financial resources available (this could be a credit card in your own name, a savings account, or extended family). This will help reduce financial pressures that may arise, if you do end up separating.
We offer a flat rate consultation where you can discuss the options available to you and your family, even if you are not sure about whether to separate or how to make the decision.
what information do i need before i meet a lawyer?
In your first meeting with a family lawyer you don't need any particular documents or information, but the following can be helpful:
1. Original marriage certificate from Vital Statistics (if you're married)
2. Evidence of your and your spouse's incomes. You will generally need to provide the last three years' income tax returns and evidence of your current income (a recent pay statement is fine)
3. A list of all of your assets and debts
The best way to get the most thorough advice possible from your first meeting or consultation with a family lawyer, is to have as much information regarding your specific family circumstances as you can.
What will happen during my first meeting with a lawyer?
During the first meeting, your lawyer will want to gather some information about you and your family. How long have you been in a relationship? Your children's names and ages? What are you hoping to be the resolution of your separation? Do you know what your spouse is hoping to see as a resolution?
Generally, most initial meetings last approximately 1.5 hours and at the end you will be able to decide if you would like to retain the lawyer or take some more time to decide whether to enter into a formal retainer.
You can find more information about opening files, our engagement letter and the retainer process here.
How much will this cost?
We believe in transparency in legal fees, and offer some of our services which do not require court time at a flat rate which includes all legal fees, disbursements and taxes. See our fees here.
Not every file can be charged at a flat rate and the cost can vary depending on many different factors – the most important of which is whether you and your former spouse are able to come together in agreeing how to resolve your issues. Sometimes outside help is needed for you two to “come together” but in 90% of cases you will eventually reach agreement. These outside resources can be Judges of our family court, appraisers, business valuators, parent coaches, and/or other professionals.
In our experience, less than 10% of files will cost over $10,000.00 in legal fees, and taxes.
If you're not sure if your file will qualify for a flat rate or you have other questions about fees, please feel free to contact us.