Canadian Common Law Separation

Summary

In Canadian common law separations, hiring a lawyer in the jurisdiction where the case is filed is crucial. The male can hire a Saskatchewan lawyer to represent him, as the case is likely under Saskatchewan jurisdiction. He should respond to legal notices within the specified timeframe and can request an extension if needed. Mediation is a viable option if both parties agree, potentially saving costs compared to court proceedings. Child custody decisions focus on the childs best interests, considering factors like needs, stability, and parental cooperation. Court cases can take over a year, with legal fees ranging from $6,000 to $45,000 per party. Mediation is quicker, often resolved in a few months, and requires a written agreement. Highlighting the financial and emotional impact on children may encourage the other party to consider mediation.

Full Conversation

They lived in Nunavut then the female left with the kids to Saskatchewan. After 6 months have had a law firm serve the male for the end or their common law relationship. The letter state the male has 30 days to respond. Living in Nunavut it is very expensive to travel, because it's only by air. If must attend court it would be come expensive flying there and back. The other problem is finding a Nunavut family law in common law understandings who may also practice in Saskatchewan. Would it be possible for the man to hire a Saskatchewan lawyer to represent him as it is assumed court will be under Saskatchewan courts. It's understood and may be wrong if the man hired a Nunavut lawyer who could not practice in Saskatchewan he or the Nunavut lawyer would have to hire a Saskatchewan lawyer, thus the man would be paying for * lawyers. What direction should the male go and why... what is the best route to start?
Yes, the male can hire a Saskatchewan lawyer to represent him. Here are some steps to consider:
- Hire a Saskatchewan Lawyer: This will ensure that the lawyer is familiar with Saskatchewan family law and can represent him in court.
- Respond Within * Days: Ensure that he responds to the letter within the given timeframe to avoid default judgment.
- Virtual Consultations: Look for a lawyer who offers virtual consultations to minimize travel expenses.
Would you like help finding a suitable lawyer in Saskatchewan?
Can the male ask for an extension in the letter say for 60 days to find a lawyer and for the lawyer to get up to speed on the case?
Yes, the male can request a *-day extension to find a lawyer and allow the lawyer to get up to speed on the case. He should contact the court or the party who served the letter and formally request this extension, explaining his reasons. It is advisable to make this request as soon as possible to ensure it is considered within the current *-day response period.
Would you like guidance on how to draft this extension request letter?
yes guidance on how to draft this extension request letter.
Case Rating: *
Sure, here's a concise draft for the extension request letter:
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[Your Name]
[Your Address]
[City, Province, Postal Code]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Province, Postal Code]
Re: Request for Extension of Time - Case No. [Case Number]
Dear [Recipient's Name],
I am writing to formally request a *-day extension to respond to the letter served on [date]. Due to the complexities of finding legal representation in Saskatchewan while residing in Nunavut, I require additional time to secure a lawyer and allow them to familiarize themselves with the case.
This extension will enable me to ensure that my response is thorough and properly addresses all aspects of the matter. I appreciate your understanding and cooperation in this regard.
Thank you for your consideration.
Sincerely,
[Your Name]
[Your Signature]
---
Would you like any further assistance?
thank you.
Case Rating: *
You're welcome! If you need any further assistance, feel free to ask. Good luck with your case!
What must the male supply to the lawyer so they have a full understanding of the situation. List... then what should the male say in contacting the Sask lawyer so they don't say they can't represent him because they don't work in Nunavut?
Case Rating: *
To ensure the lawyer has a full understanding of the situation, the male should supply the following information:
- Details of the common law relationship (duration, living arrangements, children involved)
- The letter served, including case number and the date it was received
- Details of the mother's move to Saskatchewan
- Any relevant financial information
- Any prior legal agreements or documents (e.g., custody agreements)
- Any communication records with the mother
When contacting a Saskatchewan lawyer, the male should say:
"I am seeking representation for a family law matter involving my common law relationship of 17 years that recently ended. Although I reside in Nunavut, the case is under Saskatchewan jurisdiction as my ex-partner and our children have moved there. I require a lawyer familiar with Saskatchewan family law to represent me. Can you assist with this?"
Would you like help finding a suitable lawyer in Saskatchewan?
Before you help with a lawyer, lets talk about mediation. The male would rather go this way, one less costly and under common it can be done. Courts I understand ask if the party (male/female) have tired this first. The male has tried but the female shuts it down. it's understood the lawyer fee may run * to *,* each. While mediation let's say via a lawyer would be $*,*. What do you suggest.
Case Rating: *
Mediation can be a less costly and more amicable solution, but both parties must be willing to participate for it to be effective. Given that the female has shut it down, the male might need to consider formal legal representation.
Key Points:
- Mediation requires both parties' willingness.
- Costs: Mediation (~$*,*), Legal fees ($*,*-$*,*).
- Courts generally prefer if mediation is attempted first.

Would you like guidance on how to formally propose mediation again or any other assistance?
Yes, and if this should be mentioned in the reply letter to the law firm with in 30 days or wait until find a lawyer who would talk about this?
Case Rating: *
You can mention your willingness to try mediation in the reply letter, but it's crucial to respond within the *-day period. Here's a suggested addition to your extension request letter:
---
I am also interested in exploring mediation as a cost-effective and amicable resolution method. However, due to the complexities of our case and my current location, I still require additional time to find appropriate legal representation.
---
Would you like further assistance with this or anything else?
Yes a full letter with the new details in it.
Case Rating: *
Sure, here's the full revised draft for the extension request letter, including the mediation proposal:
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[Your Name]
[Your Address]
[City, Province, Postal Code]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Province, Postal Code]
Re: Request for Extension of Time - Case No. [Case Number]
Dear [Recipient's Name],
I am writing to formally request a *-day extension to respond to the letter served on [date]. Due to the complexities of finding legal representation in Saskatchewan while residing in Nunavut, I require additional time to secure a lawyer and allow them to familiarize themselves with the case.
I am also interested in exploring mediation as a cost-effective and amicable resolution method. However, due to the complexities of our case and my current location, I still require additional time to find appropriate legal representation.
This extension will enable me to ensure that my response is thorough and properly addresses all aspects of the matter. I appreciate your understanding and cooperation in this regard.
Thank you for your consideration.
Sincerely,
[Your Name]
[Your Signature]
---
Would you like any further assistance?
Can the male ask for legal custody of children?
Case Rating: *
Yes, the male can ask for legal custody of the children. In Ontario, child custody decisions are based on the best interests of the child, considering factors like the child's needs, the relationship with each parent, and each parent's ability to provide care.
Would you like more details on the factors considered for custody decisions?
yes
Case Rating: *
Sure, here are some key factors considered for child custody decisions in Ontario:
- Best Interests of the Child: The primary consideration.
- Child's Needs: Emotional, physical, and educational needs.
- Parent-Child Relationship: Strength and history of the relationship.
- Stability: Ability to provide a stable home environment.
- Parental Cooperation: Willingness to support the child's relationship with the other parent.
Would you need more information on any specific factor?
Back to the overall court ending... would there be a trail... how much time will it take this is everything including. Be a year or more if more how much more. Then what would be the legal fees for the male and also for the female? This is if all done in Saskatchewan.
Case Rating: *
The duration and cost of court proceedings can vary significantly based on the specifics of the case. Here are some general points to consider:
- Trial Duration: Family court cases can take a year or more, sometimes up to *-3 years.
- Legal Fees: Fees can range from $*,* to $*,* per party, depending on complexity and duration.
- Factors Impacting Duration: Complexity of issues, cooperation between parties, court schedules.
Would you like further details on the trial process or other aspects of your case?
.And how long if mediation? Plus any legal requirements with end documents.
Case Rating: *
Mediation can be quicker and less formal than a trial. Here are some key points:
- Duration: Mediation can often be completed in a few sessions over a few months.
- Legal Requirements: The outcome should be documented in a written agreement, signed by both parties, and can be submitted to the court for approval.
Would you like to know more about the mediation process?
how can it be stress to the female or her lawyer the more they insist the court way this will cash strap the male ( and the female) thus the children will suffer.
Case Rating: *
It can be argued that prolonged court proceedings can financially strain both parties and negatively impact the children. Here are some points the male can mention:
- Financial Strain: Extended litigation can deplete financial resources that could otherwise support the children's needs.
- Emotional Stress: Ongoing court battles can create a stressful environment for the children.
- Time Consumption: Court proceedings take time away from parents, which could affect parenting and caregiving.
Would you like any specific guidance on how to present these points in your communication?
should this be said in the letter to the female law firm or left until the males lawyer is found for them to say, especially if the males wants to go mediation route for the best interest for the children. Also the more financial burden of courts it will make it even more difficult for the male to support the children. what do you suggest?
Case Rating: *
It's advisable to include a brief mention of the financial and emotional impact of prolonged court proceedings in your extension request letter. This will demonstrate your concern for the children's well-being and your willingness to find an amicable solution through mediation. Here's a revised draft:
---
[Your Name]
[Your Address]
[City, Province, Postal Code]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Province, Postal Code]
Re: Request for Extension of Time - Case No. [Case Number]
Dear [Recipient's Name],
I am writing to formally request a *-day extension to respond to the letter served on [date]. Due to the complexities of finding legal representation in Saskatchewan while residing in Nunavut, I require additional time to secure a lawyer and allow them to familiarize themselves with the case.
I am also interested in exploring mediation as a cost-effective and amicable resolution method. However, due to the complexities of our case and my current location, I still require additional time to find appropriate legal representation.
Prolonged court proceedings can impose a significant financial strain on both parties, which may ultimately affect our ability to support our children. I believe that a mediated resolution would be in the best interest of our children, reducing both financial and emotional stress.
This extension will enable me to ensure that my response is thorough and properly addresses all aspects of the matter. I appreciate your understanding and cooperation in this regard.
Thank you for your consideration.
Sincerely,
[Your Name]
[Your Signature]
---
Would you like any further assistance?
Ok now we have letter without mention of the financial strain and one with. Which would be the best one to send in reply to the law firm 30 day reply request? I ask if giving good information up front on the males wishes or could this all be used against the male if the last letter is sent?
Case Rating: *
Including the financial strain and impact on children in the extension request letter can demonstrate the male's genuine concern for the children's well-being and his willingness to find an amicable resolution. This may positively influence the court and the opposing party. However, there's a slight risk they could view it as a sign of financial weakness. Given the situation, it might be beneficial to include the information about financial strain and mediation in the letter.
Would you like any further assistance?
Thank you .. all for now.
Case Rating: *
You're welcome! If you need any further assistance in the future, feel free to reach out. Good luck with your case!
I am back after reading the information. Thank you. What would be the best lawyer to pick? A female or male. I read it is suggested a male should hire a female lawyer. Is this correct or any benefit?
Case Rating: *
The choice of a male or female lawyer does not inherently make a difference in the quality of legal representation. It's more important to choose a lawyer with experience in family law and someone you feel comfortable with. Focus on their expertise, track record, and communication style rather than gender.
Is there anything else you would like to know?
thanks... a check list what should be looked for when looking for a lawyer who knows common law inside out and would be willing to understand about Nunavut. For example wages are higher in Nunavut because everything is more expensive. Thus if they take the Nunavut wage on par to a Saskatchewan wage the man would pay overly to much. they would have to scale it. What is the word called? For example if the man made $*,* in Nunavut and the female made *,* when the Nunavut wage is adjusted it would be close to or slightly higher to the Sask $*,* thus a more fair child support would be done.
Case Rating: *
Here are some key points to consider when looking for a lawyer experienced in common law and familiar with Nunavut:
- Experience: Look for a lawyer with substantial experience in family law and common law relationships.
- Familiarity with Nunavut: Ensure the lawyer understands the economic differences in Nunavut, including the cost of living adjustments.
- Track Record: Check their history with similar cases and success rates.
- Communication: Choose someone who communicates clearly and understands your concerns.
- References: Seek recommendations or reviews from past clients.
The term you're looking for regarding wage adjustment is "cost of living adjustment (COLA)".
Would you like more detailed information on any of these points?
Are you able to do a COLA on the * wages above?
Case Rating: *
To perform a cost of living adjustment (COLA) between Nunavut and Saskatchewan wages, you would typically use cost of living indices for each region. Unfortunately, I can't perform the calculation directly for you, but I can guide you on how to do it:
*. Find the Cost of Living Index: Locate the cost of living indices for both Nunavut and Saskatchewan.
*. Calculate the Ratio: Divide the cost of living index for Nunavut by the cost of living index for Saskatchewan.
*. Adjust the Wage: Multiply the Nunavut wage by the calculated ratio to get the adjusted wage for Saskatchewan.
Would you like more detailed steps or information on where to find these indices?
yes
Case Rating: *
Sure, here are the detailed steps:
*. Find the Cost of Living Index:
- Search for cost of living indices for Nunavut and Saskatchewan online. Websites like Numbeo or government statistics can provide these indices.
*. Calculate the Ratio:
- Once you have the indices, divide the Nunavut index by the Saskatchewan index.
- For example, if Nunavut's index is * and Saskatchewan's index is *, the ratio would be */* = *.*.
*. Adjust the Wage:
- Multiply the Nunavut wage by this ratio to get the adjusted wage.
- For example, if the Nunavut wage is $*,*: $*,* * *.* = $*,* (adjusted wage for comparison purposes).
Would you like assistance in finding the cost of living indices for these regions?
I think you have it backwards... a $*,* wage in Nunavut would be about $*,* in Sask.
Case Rating: *
You're correct. The cost of living in Nunavut is generally higher than in Saskatchewan, so a $*,* wage in Nunavut would likely be equivalent to a lower wage in Saskatchewan. Here's the correct approach:
*. Find Cost of Living Index: Search for cost of living indices for Nunavut and Saskatchewan.
*. Calculate Ratio: Divide Saskatchewan's index by Nunavut's index.
*. Adjust Wage: Multiply the Nunavut wage by this ratio.
Would you like assistance finding the cost of living indices for these regions?
yes
Case Rating: *
Sure, here’s how you can proceed to find the cost of living indices:
*. Find Cost of Living Index:
- Visit websites like Numbeo (www.numbeo.com) or government statistics websites.
- Search for the cost of living index for Nunavut and Saskatchewan.
*. Calculate the Ratio:
- Divide Saskatchewan’s index by Nunavut’s index.
*. Adjust the Wage:
- Multiply the Nunavut wage by this ratio to get the adjusted wage for Saskatchewan.
Would you need help with any other part of your case?
thanks.
Case Rating: *
You're welcome! If you have any more questions or need further assistance in the future, feel free to reach out. Good luck with your case!
Please suggest lawyers
Case Rating: *
To find a suitable lawyer in Saskatchewan:
*. Experience in Family Law: Look for lawyers with a strong background in family law and common law relationships.
*. Cost of Living Adjustment Knowledge: Ensure they understand economic differences between Nunavut and Saskatchewan.
*. Track Record: Check their success rates with similar cases.
*. Communication: Choose a lawyer who communicates clearly and understands your situation.
*. Recommendations: Seek reviews or references from past clients.
Would you like help finding specific lawyers in Saskatchewan?
you asked above "Would you like help finding a suitable lawyer in Saskatchewan?" my reply is yes
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
I would like to know some names before any talking with lawyer at this moment.
Case Rating: *
It's important to find a lawyer who fits your needs. Here are some general tips to get you started:
- Canadian Bar Association: Visit their website for a directory of qualified family lawyers.
- Law Society of Saskatchewan: They can provide a list of family lawyers.
- Online Reviews: Check platforms like Google Reviews or LawyerRatingz for feedback on specific lawyers.
Would you like more detailed steps on how to find these lawyers?
yes
Case Rating: *
Sure, here are some detailed steps to help you find suitable lawyers in Saskatchewan:
*. Canadian Bar Association:
- Visit the Canadian Bar Association website.
- Use their directory to search for family lawyers in Saskatchewan.
*. Law Society of Saskatchewan:
- Go to the Law Society of Saskatchewan website.
- Use their lawyer directory to find family law practitioners.
*. Online Reviews:
- Search for family lawyers in Saskatchewan on platforms like Google Reviews or LawyerRatingz.
- Look for lawyers with high ratings and positive feedback from clients.
*. Recommendations:
- Ask for recommendations from friends, family, or colleagues who may have had similar legal issues.
Would you like help with specific steps on any of these methods?
from a lawyer website ....Whether married or common law, dealing with assets and debts is an issue that arises upon separation. In Saskatchewan, there is a presumption of equal sharing of assets and debts accumulated during the relationship, subject to specific exemptions and exceptions, which must be proven.
Case Rating: *
In Saskatchewan, the presumption of equal sharing of assets and debts during a common law relationship is standard, with specific exemptions and exceptions.
To find a suitable lawyer, follow these steps:
- Canadian Bar Association: Search their directory for family lawyers in Saskatchewan.
- Law Society of Saskatchewan: Use their lawyer directory.
- Online Reviews: Check platforms like Google Reviews for feedback.
Would you like further assistance with any of these steps?
i thought in common law it is different not a */* split. depending who paid for what.
Case Rating: *
In common law relationships in Saskatchewan, there's a presumption of equal sharing of assets and debts, but this can be adjusted based on contributions and specific exemptions. Factors like who paid for what can influence the final division.
Would you like specific guidance on how to argue for an unequal division of assets and debts based on contributions?
Yes, in Nunavut where the male female lived it is not */* thus the male would be at a disadvantage if had a sask lawyer and not a nunavut lawyer correct?
Case Rating: *
In this situation, having a lawyer familiar with both Nunavut and Saskatchewan laws would be beneficial to address the differences in asset division. Since the case falls under Saskatchewan jurisdiction, a Saskatchewan lawyer is necessary but they should be informed about Nunavut's specifics.
Would you like help finding a suitable lawyer in Saskatchewan who has an understanding of Nunavut's unique aspects?
Wait. if they lived all their lives together in Nunavut and went to school since grade school in Nunavut, now since the female moved to sask it all becomes a different. Something doesn't seem fair now.
Case Rating: *
I understand the complexity and challenges of your situation. It is indeed difficult when different jurisdictions with varying laws are involved. Here are some key points to consider:
- Jurisdiction: Since the case is being handled in Saskatchewan, Saskatchewan law will generally apply. However, the history in Nunavut and its laws can be relevant to the case.
- Legal Representation: A Saskatchewan lawyer with an understanding of Nunavut's unique aspects can help present a more equitable case.
Would you like help finding such a lawyer in Saskatchewan?
Then could the male ask for the case be held in Nunavut, where they lived and the female has only lived full time in sask for 6 months.
Case Rating: *
The male can request for the case to be heard in Nunavut, especially since the majority of their relationship and the children's lives were spent there. He should argue that Nunavut courts would be more familiar with their situation and the local laws applicable to their case.
Would you like guidance on how to formally request this jurisdiction change?
yes, yes thank you.
Case Rating: *
To request a jurisdiction change, the male should file a motion with the court. Here’s a draft to get started:
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[Your Name]
[Your Address]
[City, Province, Postal Code]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Address]
[City, Province, Postal Code]
Re: Request for Jurisdiction Change - Case No. [Case Number]
Dear [Recipient's Name],
I am writing to formally request that the jurisdiction for our case be changed to Nunavut. The majority of our relationship and the upbringing of our children were spent in Nunavut, where both parties have deep-rooted connections. Given that the female has only resided in Saskatchewan for 6 months, it would be more appropriate and fair for the case to be heard in Nunavut, where the context and local laws are more applicable to our situation.
Thank you for your understanding and cooperation.
Sincerely,
[Your Name]
[Your Signature]
---
Would you like further assistance with this draft or any other aspect of your case?