Ontario divorce

A Deposition is a procedure where a party is subpoenaed to the opposing party's attorney's office and is often asked to bring certain documents and records. ontario divorce Advice-on-divorce. Counsel for the party requesting the Deposition may ask any question which may lead to relevant evidence and the party deposed must answer those questions under oath. The questions and answers are recorded by a stenographer and may be used at a later time in Court for the purposes introducing inconsistent statements which may impeach the credibility of a party, or to establish a fact or facts. SETTLEMENT NEGOTIATIONSThe settlement process is an integral part of the system. ontario divorce Advice-on-divorce. The discovery process requiring an exchange of all relevant information is designed to enhance the settlement process. When both sides know the other side's evidence, valuation, asset and debt proofs, there remains little to be gained by a Trial. Assuming that legal counsel has given the client a well-reasoned opinion, there remains no reason why every case should not settle. ontario divorce Missouri divorce laws. There is a window of reasonable settlements. There is no fine line of successful settlements. So long as a settlement is within the window of reasonable settlements, whether it be on the high side or the low side, it is far better than allowing the issue to be decided by a Judge who will only have familiarity with the case for a period of hours or days that it takes to conduct a Trial. A real and distinct disadvantage of trial is that either party has an automatic right to appeal if dissatisfied with the outcome. Settlement precludes the cost of trial and the cost and delay of appeal. Appeals can take years and may sometimes result in a remand for a second trial at additional expense. Most authorities agree that settlements have a greater success rate in the parties abiding by the terms of the settlement as opposed to the enforceability problems when the Court renders a decision. That is so because settlements are "home made", they are the result of compromise, and the parties have a better understanding of their rights and responsibilities. EARLY SETTLEMENT PANELThe Family Court has created what can best be described as non-binding arbitration.

Ontario divorce



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