Lawyers can be unable to take on a file if they are in a “conflict of interest”. Conflicts can arise if they, or another lawyer at the firm, have previously done work for the person on the other side of the file, if they have had a consultation with the person on the other side or if there is a personal or family connection to the case. Conflicts can even arise if another client at the firm might be involved in the matter (as a new or former spouse, employer, business partner or a witness to relevant events).
To prevent wasting a potential client’s time, we ask the name of the person on the other side of the case and check our files for potential conflicts. If we do find a conflict, we are prevented from giving details about it because of our solicitor/client confidentiality rules.
There are very few quick or easy answers in family law. Each case is different and a lawyer’s advice will change depending upon a number of factors, including the current living arrangements, history of the relationship, ages of children, financial circumstances of the spouses, potential for domestic violence, physical or mental health issues, urgency of the situation, nature of assets, presence of debts, existence of on-going family court matters, existence of criminal or child protection proceedings, whether the other spouse has a lawyer etc.
For this reason, we are usually unable to properly answer a question until we have discussed the case with you at the consultation.
For general legal information in the meantime, there are helpful resources on the
Government of Manitoba website.
https://www.gov.mb.ca/justice/crown/family/index.html
As well, the Community Legal Education Association has free publications:
Make sure you let the other lawyer know that you’ve scheduled an appointment, and ask for an extension of time to find a lawyer. If there is a specific court date mentioned on the papers, make sure you attend court at that time. You will be able to ask the Judge or Master for an extension of time in order to hire a lawyer.
As well, make sure you let the receptionist at our office know about the court documents and deadline, and feel free to provide a copy of them right after your appointment is made.
If you have an emergency situation, you should contact emergency services such as the police or Child and Family Services. A police officer or Justice of the Peace at the courthouse can help you apply for a Protection Order if you need one. Legal Aid Manitoba often has lawyers on staff who are available as “duty counsel” or on short notice. The Women’s Resource Centre or YWCA Westman Women’s Shelter can help women in crisis.
If you are buying property, your lawyer will complete the mortgage paperwork and will transfer title to the property to you once the sale is complete. Prior to closing, your lawyer will search title to the property you wish to buy to ensure there are no issues that would impact your ownership of the property. Approximately two to three weeks prior to closing, your lawyer will contact you to confirm closing costs and to schedule a signing appointment.
No, the money the bank will require is separate from what our office requires. The lawyer handling your file will advise what fees we need to proceed with your real estate transaction. The fees we require can vary and could include land transfer tax, title insurance, any other applicable fees for the purchase, plus lawyer fees and disbursements.
Helpful Links
Brandon Area Realtors: www.breb.mb.ca
City of Brandon Tax Assessment Map: http://gis.brandon.ca/flex/PropertySearch.html#
Land Transfer Tax Calculator (Manitoba): https://www.tprmb.ca/tpr/land_titles/lto_offices/fees.html
Manitoba Municipal Government Property Search: https://web22.gov.mb.ca/mao/public/search_select.aspx|
Manitoba Real Estate Association: http://www.realestatemanitoba.com/
The Property Registry – Main Page: http://www.tprmb.ca/tpr/
Property Registry – Personal Property Registry: https://tprmb.ca/ppr/actions/mainPage
Helpful Links
Canada Business Network – Government of Canada: http://www.canadabusiness.ca/eng/
Canada One – Canada’s Small Business Information Source: http://www.canadaone.com/
Companies Office (Manitoba): http://companiesoffice.gov.mb.ca/
Manitoba Business Information Service: http://db.itm.gov.mb.ca/MBIS/MCD.nsf/i2?readform&ID=MBISHome
Property Registry – Personal Property Registry: https://tprmb.ca/ppr/actions/mainPage
Your Estate will be distributed in accordance with provincial legislation. This may not reflect your wishes. Someone will need to apply to administer your Estate, and your Administrator may need to secure a bond for the value of the Estate.
A marriage automatically revokes most Wills. If you get divorced, your Will is read as though your ex-spouse predeceased you. In either event, you should review your Will with your lawyer to ensure it is still valid and accurately reflects your wishes.
Helpful Links
Manitoba Courts – Main Page http://www.manitobacourts.mb.ca/
Manitoba Courts – Court of Queen’s Bench: http://www.manitobacourts.mb.ca/court-of-queens-bench/
Manitoba Court Registry – Main Page: http://www.jus.gov.mb.ca/
Divorce
Breach of contract
Negligence
Estate issues
Company issues
Paternity disputes
Debt recovery
Defamation
Bodily injuries
Helpful Links
Federal Court of Canada: http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Index
Manitoba Courts – Main Page: http://www.manitobacourts.mb.ca/
Manitoba Courts – Court of Appeal: http://www.manitobacourts.mb.ca/court-of-appeal/
Manitoba Courts – Court of Queen’s Bench: http://www.manitobacourts.mb.ca/court-of-queens-bench/
Manitoba Courts – Provincial Court: http://www.manitobacourts.mb.ca/provincial-court/
Manitoba Court Registry – Main Page: http://www.jus.gov.mb.ca/
Manitoba Justice – Courts: http://www.gov.mb.ca/justice/court/index.html
Manitoba Justice – Main Page: http://www.gov.mb.ca/justice/index.html
Supreme Court of Canada: http://www.scc-csc.gc.ca/
Both partners can attend a consultation appointment if they want, but the lawyer can then only give them legal information, as opposed to advice, and cannot represent either of them as the case moves forward. They will each need to see a lawyer in a different law office to sign documents or go to court. For this reason, it’s usually best to have just one spouse attend.
Helpful Links
Child Support Calculator: http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp
Department of Justice (Canada) – Child Support: http://www.justice.gc.ca/eng/fl-df/child-enfant/index.html
Department of Justice (Canada) – Divorce and Separation: http://www.justice.gc.ca/eng/fl-df/divorce/index.html
Department of Justice (Canada) – Family Law: http://www.justice.gc.ca/eng/fl-df/index.html
Department of Justice (Canada) – Spousal Support: http://www.justice.gc.ca/eng/fl-df/spousal-epoux/index.html
Legal Aid Manitoba: http://www.legalaid.mb.ca
Manitoba Courts – Main Page http://www.manitobacourts.mb.ca/
Manitoba Courts – Court of Appeal: http://www.manitobacourts.mb.ca/court-of-appeal/
Manitoba Courts – Court of Queen’s Bench: http://www.manitobacourts.mb.ca/court-of-queens-bench/
Manitoba Courts – Provincial Court: http://www.manitobacourts.mb.ca/provincial-court/
Manitoba Court Registry – Main Page: http://www.jus.gov.mb.ca/
Manitoba Justice – Family Justice: http://www.gov.mb.ca/justice/family/index.html
At your initial consultation meeting, the lawyer can discuss with you whether the flat fee (as opposed to being charged by the hour) might be an option for you.
Our flat fees are:
Uncontested Divorce $1,800
Uncontested Separation Agreement $2,700
Both an uncontested divorce and Separation Agreement $3,600
Cohabitation or Pre-Nuptial Agreement $1,800
Disbursements including the Court of King’s Bench filing fee of $210, photocopies, the cost of a marriage certificate (up to $75) and the cost of serving the documents (up to $75) are all included in the fee. Taxes are extra.
The initial consultation meeting is scheduled for an hour and is either $325 for a junior lawyer or $425 for a senior lawyer. There is no commitment at the initial consultation meeting. You do not have to hire the lawyer or provide any further money unless you decide afterwards that you want to retain our firm. It is simply an opportunity for you to ask questions, provide information, get some guidance from a family law lawyer and discuss your options going forward.
No. If one spouse files for divorce and the other does not oppose it, the total legal fees will be $1,800. The couple can share the cost if they wish or only the client retaining our office can pay it. If one spouse retains our office to prepare the Separation Agreement, review and sign it and then provide it to the other spouse, the fee is $2,700. The other spouse may incur the cost of obtaining independent legal advice from their own lawyer. Again, the couple could share the flat fee and the independent legal advice fee if they wish.
If the divorce or Separation Agreement negotiations do not go as smoothly as expected, you can always switch to an hourly fee basis. The retainer funds provided for the flat fee will be applied to the fees for the portion of work actually done, with the balance left as a further retainer or refunded to you. The lawyer can discuss your options and provide further fee estimates at any time you would like.
Helpful Links
Employment Standards (Manitoba): https://www.gov.mb.ca/labour/standards/
Manitoba Human Rights Commission: http://www.manitobahumanrights.ca/
Helpful Links
Residential Tenancies Branch – Government of Manitoba: http://www.gov.mb.ca/cca/rtb/
Helpful Links
Canada Laws – Government of Canada: http://laws-lois.justice.gc.ca/eng/acts/
Canadian Bar Association: http://www.cba.org/
Canadian Law List: http://www.canadianlawlist.com/
CanLII (The Canadian Legal Information Institute): www.canlii.org
Community Legal Education Association (CLEA): www.communitylegal.mb.ca/
Department of Justice (Canada) – Main Page: http://www.justice.gc.ca/eng/index.html
Faculty of Law, University of Manitoba: law.robsonhall.ca/
Law Society of Manitoba – Main Page: http://www.lawsociety.mb.ca/
Law Society of Manitoba – For the Public: http://www.lawsociety.mb.ca/for-the-public
Manitoba Law Reform Commission: http://www.manitobalawreform.ca/
Manitoba Laws – Government of Manitoba: http://web2.gov.mb.ca/laws/index.php
Manitoba Law Libraries Online Public Access Computer (OPAC): http://www.lawsociety.mb.ca/manitoba-law-libraries/public-access