Be Prepared For Meeting With Your Lawyer When Separating or Divorcing
A Checklist of Information your Lawyer Needs to Know
This is not intended to replace the advice of a lawyer, but rather to help you prepare for a meeting with your lawyer.
CONCERNING YOURSELF
_ Name address, telephone numbers and social insurance number.
_ Birth date and place of birth.
_ Employer/school, address, telephone, position, salary.
_ Marital status prior to marriage.
_ Previous surnames.
_ Addresses for last 12 months.
_ Any mental or physical problems relevant to any of the issues in your case.
CONCERNING YOUR SPOUSE
_ Name, address, telephone numbers, and social insurance number.
_ Birth date and place of birth.
_ Employer/school, address, telephone, position, salary.
_ Marital status prior to marriage.
_ Previous surnames
_ Addresses for last 12 months.
_ Any mental or physical problems relevant to any of the issues in the case.
_ Current picture if you have available.
SPOUSAL MAINTENANCE
Also refer our pamphlet FINANCIAL DETAILS WHERE MAINTENANCE OR PROPERTY DIVISION IS AN ISSUE
_ Projected expenses needed to provide for you and supervision of your children
CHILDREN
_ Names, sexes, birth dates, birthplaces.
_ School or employment details.
_ Past, present, and proposed future arrangements for custody, access, maintenance, etc.
_ Physical, emotional, and educational needs, including special problems
_ Schools, grades, location (near home)
_ Who has been involved in day-to-day care of children (e.g., feeding, childrearing, assistance with school work, discipline, etc.)?
_ Hours of work of each spouse
_ Regular time of each spouse away from home and children (e.g. evening recreation)
_ Involvement of each spouse in extra-curricular activities of children (e.g. driving children to activities, attendance at games or recitals, participation in games).
_ Any unusual behaviour of either spouse toward children, and the negative impact it has (e.g. swearing, abuse of alcohol, sexual practices, derogatory remarks, physical abuse).
_ Involvement with family (e.g. grandparents, aunts and uncles), friends, community activities, church, etc. in area of home.
_ Relationship of each child to each other child and to each spouse.
_ Whether there are medical or educational records relevant to which spouse should have custody
_ Incidents causing mental or physical harm to the children
_ Mental or physical problems the children are experiencing, including, if possible, any written corroborating reports from teachers or doctors.
_ Effect of spouse’s behaviour on children’s schoolwork, sleep, play with other children, relationship with you etc.
_ History of spouse’s psychiatric problems, temper situations, or past physical or mental abuse.
_ Criminal record-you or your spouse.
_ Concerns that the children may be removed from the jurisdiction. Whether either spouse wishes to move out of the jurisdiction with the children, and the reasons for such a move (e.g., to enable you to obtain better employment or be closer to family).
MARRIAGE
_ Place and date.
_ Whether it was a valid marriage.
_ Whether parties lived together prior to marriage.
_ Physical cruelty: details of behaviour and incidents, medical reports, police reports.
_ Mental cruelty: specific acts of cruelty and any physical reports
_ Adultery: whether before or after separation; details that are known (identity of third person, places and times); whether spouse is willing to admit.
SEPARATION
_ Place and date.
_ Particulars, including events leading up to it.
_ Whether there have been attempts to reconcile.
_ Whether either of you have received counselling.
_ Whether you have lived together since separation and, if so, the dates and details.
_ Your residence at time of separation and since.
_ Your spouse’s residence at time of separation and since.
_ Whether there is any kind of written or verbal separation agreement or marriage agreement.
IF YOU WANT EXCLUSIVE OCCUPANCY OF THE FAMILY RESIDENCE OR A RESTRAINING ORDER
_ Description of dwelling.
_ Location with respect to schools.
_ Reasons for wanting the spouse removed
_ Violence
_ Abuse of alcohol, drugs
_ Effect of behaviour on the mental or physical health of you or your children, including if possible, medical reports
_ Any criminal charges previously laid against the spouse
_ Alternate accommodation available to the spouse
_ Financial impact of moving/selling
IF YOU WANT EXCLUSIVE USE OF ITEMS (IE CAR)
_ Clear description of item.
_ Who used them prior to separation?
_ Reason you need them now (e.g., need car for work or to drive the children to school or to recreational activities.
_ Similar items available to spouse.
WHERE YOU WANT AN ORDER STOPPING DISPOSITION OF ASSETS
_ Clear description of assets.
_ Present location of the assets.
_ Ownership of the assets.
_ Previous use of the assets.
_ Actions or statements of the spouse that indicate he might dispose of the assets.
_ Reasons why the assets are to be considered family assets.
DOCUMENTS YOUR LAWYER WOULD LIKE TO HAVE
_ Certified copy of marriage certificate (long form) or certificate of registration of marriage.
_ Picture of spouse (for service purposes).
_ Income tax returns of client and spouse for past three years.
_ Financial records, such as: bank statements, pay stubs, credit card statements, financial statements, and loan agreements.
_ Records relating to matrimonial property, such as appraisals and B.C. property assessment.
_ Records relating to pension plans, insurance policies, RRSPs, RESPs
_ Marriage, separation or property distribution agreements.
_ Previous related pleadings and court orders.
_ Certified copy of divorce order if one spouse was previously divorced.
_ Medical and legal reports.
Derived from Law Society of British Columbia Practice Checklists Manual
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