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Affordable Divorce Solutions: Tips for Separating on a Budget

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Published by:

Nontle Nagasawa

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Reviewed by:

Alistair Vigier

Last Modified: 2023-09-24

Need to do a divorce on a budget? Ontario families and single parents who struggle to afford legal services have some relief from a new provincial pilot project.

That’s important because, following April’s provincial budget, families who relied on legal aid will be glad to know our door is open.

Mediation offers a cost-effective solution for settling separation-related issues, like property division and child custody, without resorting to court.

Create a list of your priorities for the separation process, such as keeping the family home or maintaining custody arrangements, to help you allocate resources efficiently and reduce expenses.

Centralize all your separation-related documents and records in one place to avoid losing or misplacing important paperwork, saving you time and money.

Openness to compromise

Openness to compromise is key when negotiating with your former partner, helping you avoid lengthy legal battles and significant legal costs.

Consider doing some tasks yourself, like filing paperwork or drafting a separation agreement, if appropriate for your situation.

Take the time to research different legal and financial options, including low-cost legal services, online divorce resources, and financial planning services.

Remember that the goal of separation is to move forward in life, which can help you avoid getting trapped in unproductive disputes.

Communication with your former partner

Familiarize yourself with the tax rules that apply to your situation since separating can have significant tax implications.

Maintaining communication with your former partner can prevent misunderstandings and reduce unnecessary expenses.

Prioritize self-care and seek support from friends, family, or a mental health professional if needed since separating can be a stressful and emotional process.

What not to do financially when you want a divorce?

Divorcing can bring financial difficulties, so it’s crucial to avoid certain actions that can worsen your financial situation. Here are some things you should avoid doing financially when you’re going through a divorce:

Concealing assets from your spouse during a divorce can be illegal and result in severe penalties. It’s important to be transparent about your assets and debts to avoid legal trouble.

Although divorce can be emotional, making financial decisions based on emotions can lead to poor outcomes. Take the time to think through your financial decisions logically.

Capital gains taxes

Separating can have significant tax implications, so it’s important to understand the tax rules and regulations that apply to your situation.

Selling assets quickly to get cash during a divorce can be a mistake. It’s essential to consider the long-term implications of selling an asset, such as capital gains taxes and potential loss of future value.

While legal fees and divorce-related expenses may be at the forefront of your mind, it’s important to remember that you still need to cover your regular living expenses.

Remember to update your financial accounts, including bank accounts, retirement accounts, and insurance policies, to reflect your changed circumstances.

Mortgages and credit card balances

Joint debts, such as mortgages and credit card balances, can be particularly challenging during a divorce. Ensure you have a plan for how to handle these debts.

Overall, it’s vital to approach the financial aspects of a divorce with a clear head and a plan. Avoiding these common mistakes can help you maintain your financial stability and position yourself for success post-divorce.

Unbundling Makes Justice More Affordable

First the good news. The March 2019 pilot offers “unbundled” legal services. That means families and parents pay for only the services they need.

If you are self-represented or can’t afford much in the way of legal fees, the Family Law Limited Scope Services Project gives you more options.

You can go online to www.familylawlss.ca to find out about limited-scope retainers. And one day a week, Barrie residents have access to two lawyers they can hire right onsite at the courthouse to help them on the day of their hearing.

Divorce On A Budget

The Ontario pilot is partly funded with a $250,000 grant from The Law Foundation of Ontario Access to Justice Fund.

It arises from a 2013 report, Meaningful Change for Family Justice: Beyond Wise Words, by a civil and family justice action committee and the 2016 Family Legal Services Review from the Superior Court of Justice.

The project is part of an ongoing effort by Ontario family lawyers to ensure parents and children have justice, regardless of how much money they have.

The project is unprecedented, The Law Society of Ontario (LSO) says. Its goal is to overcome hurdles by making legal services more available.

Law Foundation of Ontario chair Linda Rothstein agrees on how important family justice is. “For many Ontarians, it (a family law dispute) may be their only direct contact with the justice system and it occurs at a moment of crisis for them, the kind of crisis that many of us can identify with,” she told guests at the pilot’s 2019 launch.

At ClearWay Law, unbundling is becoming more popular as parents try to find ways to keep their costs down without losing out on needed legal advice.

Going to court can be upsetting, time-consuming and expensive. In over half of family law cases, at least one party goes to court without a lawyer. While it may have looked easy on CBS Bull, most people are no “Diana Lindsay”.

ClearWay Law helps clients who want unbundled services with legal coaching or advice to usher their family law case through court more easily.

The family law lawyers work with you on how to organize your case and present it in court yourself. We charge for only the services you use.

Or, if it makes sense for your family, we highly recommend alternative dispute resolution (ADR). Our ADR practitioners will try to help you find solutions without going to court.

Divorce On A Budget: Lawyers Can Help With

  • drafting court documents
  • advice on legal issues
  • brief court appearances on your behalf
  • attending a mediation session with you
  • giving you a second opinion on a proposed settlement, or
  • drafting agreements
  • paying for a consultation only

As every case is individual, email or phone ClearWay Law for a consultation on how we can assist you.

Unlike traditional legal services, you remain in charge and are responsible for your own case. Provided you are comfortable with that, limited-scope legal services may be for you.

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Helping Parents Get Justice

While we are on the subject, ClearWay Law congratulates the advisory committee for the Family Law Limited Scope Services Project. Many thanks to our associates at:

  • Ontario Bar Association, family law section
  • The Federation of Ontario Law Associations
  • The Association of Family and Conciliation Courts, Ontario Chapter
  • The Advocates’ Society
  • The Family Lawyers Association
  • The Superior Court of Justice and Ontario Court of Justice, and
  • all of the participants and researchers.

Divorce on a budget? When you don’t qualify for legal aid because your income is higher than the limits or LAO’s reduced services are impacting you, unbundled legal services or legal coaching can be an answer.

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