What to Bring to Your First Divorce Lawyer Meeting in Ontario

Booking a first meeting with a divorce lawyer is a big step, and it is easy to arrive without the papers that make the meeting useful. A lawyer can only give advice that fits your situation if they can see the basic facts: who you are, when you married and separated, what you own and owe, and what is happening with any children.

This article gives you a practical checklist and a list of questions to bring. The checklist is not a legal requirement. It is simply a way to make the time count. Where a rule affects what you should gather, we explain it in plain words.

Why the documents matter

Most of the work in a separation turns on numbers. In Ontario, equalization compares each spouse's net family property at separation with the net family property at the date of marriage, and the spouse with the larger net increase pays half the difference to the other. Property you own at separation is valued as of the separation date, and property owned at marriage is valued as of the wedding date. Debts are subtracted from property values.

That is why a lawyer will ask for records that show both dates. You do not need to have every record on day one. Bring what you have, and write down what you cannot find.

Honest, complete disclosure also matters. The Court of Appeal for Ontario has called the duty to disclose financial information the most basic obligation in family law. Gathering your records early helps you meet that duty.

The checklist: what to bring

• Photo identification and your contact details, including a safe email address and phone number your spouse cannot access.
• Your marriage certificate or the date and place of the marriage.
• The date you separated, and a short note of where each of you has lived since then.
• Names and birth dates of any children, and a short description of the current parenting schedule.
• Any existing court papers, letters from a lawyer, or agreements, such as a marriage contract or separation agreement.
• Recent income tax returns and notices of assessment, plus pay stubs or business income records for you and, if you have them, your spouse.
• Bank, credit card, line of credit and loan statements, including mortgage statements.
• Statements for retirement savings, TFSAs, investments and any workplace pension.
• Property documents for the home and any other real estate, and ownership and loan papers for vehicles.
• Records of anything you owned on the wedding date, and of any gifts or inheritances you received.
• A list of monthly household expenses, including child-related costs.
• A written list of your questions and your main goals.

If you are worried about your spouse seeing papers or messages, tell the lawyer's office before you send anything. Ask how they prefer to receive documents.

Records for property, pensions and savings

Retirement savings and tax-free savings accounts (TFSAs) are among the property counted in the equalization calculation. Some property is excluded, such as property other than the family home that you inherited or received as a gift from someone other than your spouse during the marriage, insurance money received because someone died, personal injury money, and property the spouses agree in writing to exclude. The family home is treated differently: it must be shared at full value even if one spouse owned it before the marriage or received it as a gift or inheritance.

Gifted or inherited money that went into a matrimonial home can lose its excluded status. The Court of Appeal found this where money went into the matrimonial homes early in the marriage. If you received family money and used it for the home, tell the lawyer, and bring any records showing where it went.

Questions to ask the lawyer

• What are the steps in my situation, and which court would handle them?
• How might property be divided, and which of my assets or debts could be treated differently?
• What could happen with parenting time, child support and spousal support?
• What are the likely costs at each stage, and how do you bill?
• Would mediation, arbitration or a collaborative process suit us, or is court more likely?
• What should I do, and not do, between now and the next meeting?

It is also fair to ask about timing. A property claim in Ontario must go to court within six years from the day you separated or two years from the day your divorce is final, whichever comes first. A divorce can be granted when the marriage has broken down, which is shown by living separate and apart for at least one year immediately before the determination, or by adultery or physical or mental cruelty that makes continued cohabitation intolerable. Either spouse must also have been habitually resident in the province for at least one year before the proceeding starts.

Court costs to ask about, and what to do next

Ask your lawyer to explain court costs separately from legal fees. Filing an application in the Superior Court of Justice is $214.00, and filing an answer that includes a request for divorce is $214.00. Anyone filing an application or an answer with a divorce claim must also include the federal $10 fee, which cannot be waived. Fee amounts can change, so confirm them before you file.

If money is tight, ask about a fee waiver. Eligibility depends on things like household income, benefits received, liquid assets and net worth. A fee waiver does not cover fees paid to lawyers, mediators or transcriptionists.

Tell the lawyer right away if you have a court date or legal deadline coming up. You cannot file online for an urgent hearing, or when a court date or legal deadline is 3 business days or less away. If you have already been served, the deadline to file an answer is generally 30 days after service, or 60 days if the respondent is outside Canada and the United States.

• Gather the documents above and note anything missing.
• Write a one-page timeline of the marriage and separation.
• List your questions in order of importance.
• Bring any court papers you have received and mark the date you got them.
• After the meeting, write down the advice and the next steps while it is fresh.

Frequently asked questions