Bankruptcy of a spouse and its effect on equalization and support
Advice on how a spouse's bankruptcy affects equalization claims and support, and on the trustee's role.
What is included
- Prepares or reviews net family property statements and the equalization calculation
- Identifies excluded property, such as some gifts and inheritances, and valuation issues
- Arranges valuations of businesses, pensions or other assets where needed
- Seeks orders about the matrimonial home, preserving assets or a certificate of pending litigation
- Advises unmarried partners on trust and unjust enrichment claims
What is not included
- Court filing fees, process servers, valuations and other disbursements, unless the lawyer's retainer includes them
- Steps beyond the scope the lawyer confirms in writing, such as a trial or an appeal
- The charges of valuators, assessors, mediators or arbitrators
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Married spouses dividing property after separation
- Unmarried partners claiming a share of property
- Spouses with a family business, pension or complex assets
Information to have ready
- 1Statements for property and debts on the date of marriage and the date of separation
- 2Pension statements, investment and registered account records
- 3Documents for gifts or inheritances received during the marriage
- 4Deeds, mortgage statements and corporate records, if any
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $375–$700/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Do I have to go to court?
Not always. Many family matters are resolved through negotiation, mediation or a written agreement, and the lawyer can explain which route may suit your situation.
Can the lawyer help with only part of my case?
Some lawyers offer limited scope help, such as drafting documents or coaching you for one step while you handle the rest. The lawyer confirms in writing exactly which parts they will do.
What if there is family violence or I feel unsafe?
Tell the lawyer right away, because it can change which steps are taken first and how quickly. If you are in immediate danger, call 911.
Is NEO involved after the referral?
Not in the legal work. Once you hire the lawyer, you work directly with them under their own retainer, and NEO is not a party to that retainer.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the court decides any issue that is not agreed
- The lawyer decides whether they can act after checking for conflicts of interest
- Court dates and limitation periods keep running while you choose a lawyer
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