Complete financial disclosure is a prerequisite to the settlement of any family law case.   Any agreement can be set aside if a party has failed to truthfully and accurately disclose his or her financial position.  It is therefore imperative that Form 13.1 be completed fully and accurately.

• Guide to Completing Form 13.1 Financial Statement

We certainly don’t like creating work for ourselves.  The reality is, lawyers and paralegals are obligated to know their clients, understand their client’s financial dealings in relation to the retainer, and manage any risks arising from the professional business relationship.

Subject to limited exceptions, Part III of By-Law 7.1 requires lawyers and paralegals to follow client identification and verification procedures whenever they are retained to provide legal services.

Effective January 1, 2022, Part III of By-Law 7.1 was amended. The client identification and verification requirements now include six main elements:

1. Identification. Obtaining basic identification information about the client and any third party that the client is acting for or representing.
2. Verification. Verifying the identity of the client or third party where the lawyer or paralegal is engaged in or giving instructions in respect of the receipt, payment, or transfer of funds (a “financial transaction”). Additional steps are required when verifying the identity of minors and organizational clients.
3. Source of Funds. Obtaining source of funds information from the client where there is a financial transaction.
4. Monitoring. Periodically monitoring the professional business relationship with the client when retained in respect of a financial transaction that is ongoing.
5. Record Keeping. Recording and retaining all information acquired during the identification and verification process.
6. Withdrawal. If at any point while retained, including while obtaining identification and verification information, withdrawing from representation if the lawyer or paralegal knows or ought to know that they would be assisting in fraud or other illegal conduct.

Below is a checklist of documents that we may request from clients during their case.  Documents marked with  a * should be provided as  soon as possible. These are documents that will be necessary in the normal course of most family law disputes.  A copy of the document is sufficient unless the original is specifically noted.  Click below:

• Document Checklist & Guide

If you qualify financially and have a legal issue that we cover, Legal Aid Ontario will help pay for a lawyer to represent you.

You can apply for legal aid in three ways.

1. Online

The online application process is currently only available to people who do not own any property and either:

1. 1. • receive income assistance such as Ontario Works and Ontario Disability Support Program payments,
      • do not have any income,
      • are new to Canada,
      • are living in a shelter,
      • are completing the application on behalf of someone who is incarcerated.

To submit your application online, go to the Legal Aid Ontario Client Portal. An interactive interview will walk you through a series of questions to determine if you are eligible.

2. By phone

To apply by phone, call us using one of the numbers below Monday to Friday, 8 a.m. to 5 p.m. (EST).

1. 1. • 416-979-1446 (Greater Toronto Area)
      • 1-800-668-8258 (toll-free)

 

3. In person

In-person help is available from:

1. • A legal aid worker if you are in a correctional facility, including jail or a detention centre.
   • A patient advocate or rights’ advisor, if you are in hospital.
   • A lawyer, if you are out of custody and applying for legal aid in a criminal matter

Click the video below to learn more about LAO coverage rules.

CLEO (Community Legal Education Ontario) has developed clear, accurate, and practical legal rights education and information to help people understand and exercise their legal rights.

As a community legal clinic and part of Ontario’s legal aid system, we work in partnership with other legal clinics and community organizations across the province.

Our work includes:

• the Steps to Justice and Justice pas-à-pas websites, with question and answers on everyday legal problems experienced by people in Ontario across a range of topics
• Guided Pathways, which are interactive interviews that help people complete legal forms and create legal documents, including:
  • Family law court forms
  • Housing law (T1 and T6 for the Landlord & Tenant Board)
  • Powers of attorney
  • A simple will
  • Eviction Solution Explorer
  • Elder abuse response and safety plan
• training and tools for community workers at CLEO Connect
• an extensive collection of legal information resources and publications available in a variety of languages and formats
• research into effective ways of developing and delivering legal rights information
• online resources for non profit organizations on the Nonprofit Law Ontario website

CANADIAN GOVERNMENT RESOURCES

• Law Society of Ontario
• Federal Statutes and Regulations
• Canadian Legal Information Institute
• Department of Justice
• Citizenship and Immigration Canada

 

ONTARIO GOVERNMENT RESOURCES

• Legal Aid Ontario
• Ontario Statutes and Regulations
• Ontario Courts and Judgments

These child and spousal support calculators provide approximations of what you may have to pay in support.  There are many factors which can require you to pay more or less than the figures shown.  Treat the results as a “ballpark” figure.  Click below:

• Government Calculator 
• DivorceMate Calculator

The Honourable Justice Andrea Himel (SCJ, Newmarket) & the Honourable Justice Marvin Kurz (SCJ, Milton) created a guide for family court litigants.

There are very clear principles, rules, and practicalities that apply to each court attendance. Learning and practicing them will both make the job of your judge much easier and as a result, increase the chances of a successful court attendance.

• Common Missteps in Family Law

Here is a sample Retainer Agreement recommended by Law Pro, the lawyers insurance company.

At Oak Law, our retainer agreement is based on this Model template.

• Sample Retainer Agreement for Family Law Cases