Speaking as a lawyer with more than 40 years of experience, the Courts are the worst place to settle your family’s separation. This is not to blame either lawyers or judges but the system, bottom to top.
The reason is quite simple.
The reason is quite simple.
The breakup of a family does not fit into the legal system.
A couple at the end of a relationship are looking for a way out of a complex mess having to set up parenting arrangements, a property settlement and support.
But they don’t have a legal problem, they have a practical, difficult, situation that needs to be sorted out.
Lawyers and judges are trained to look at everything as a legal problem. The civil courts came into existence to settle property disputes between rich people and not settle the aftermath of a marriage breakdown.
This results in the following:
Lawyers and judges are trained to look at everything as a legal problem. The civil courts came into existence to settle property disputes between rich people and not settle the aftermath of a marriage breakdown.
This results in the following:
Going to Court is extremely expensive.
Even the simplest of separations where the two spouses disagree about very little, can cost tens of thousands of dollars.
High conflict divorces cost hundreds of thousands of dollars and can go on for years.
High conflict divorces cost hundreds of thousands of dollars and can go on for years.
The courts are slow.
Once you even issue a claim, the first time you appear before a judge will be likely in a few months for a temporary order, a year or longer to have a settlement meeting (pretrial conference) and two years or longer for a trial.
Essentially, nothing happens for long periods of time and then everything is a rush.
Essentially, nothing happens for long periods of time and then everything is a rush.
The legal system increases conflict.
If you go to Court, the focus is on the negative and where you and your spouse disagree, where you are apart and why they shouldn’t be trusted. Things move from bad to worse.
The Courts are inefficient.
It’s 2021. In Saskatchewan all court proceedings are paper-based. You cannot access your court file online. You cannot fill out forms online and if you go to court you will actually need to go to a court room sometime in the middle of the day Monday to Friday. (with some relaxation during COVID).
Sometimes you may need to wait around hours before your case is called and pay your lawyer the whole time.
The system is very complex, and it is difficult for both lawyers and their clients to comply with all the Rules of Court.
Sometimes you may need to wait around hours before your case is called and pay your lawyer the whole time.
The system is very complex, and it is difficult for both lawyers and their clients to comply with all the Rules of Court.
You don’t get a say in the final outcome.
Obviously, if you go to court a judge will make the decision for you and your spouse. The judge will do their best. However, the decision may not work out for you or for your spouse.
Everybody settles anyway.
Only one case out of a hundred goes to a trial.
People spend tens of thousands of dollars in legal fees only to settle the case at a pretrial conference one or two years later when that same settlement could have happened right at the outset saving money, time, heartache and stress.
People spend tens of thousands of dollars in legal fees only to settle the case at a pretrial conference one or two years later when that same settlement could have happened right at the outset saving money, time, heartache and stress.
Court orders are hard to enforce.
Even then, just because a judge orders your spouse to do something doesn’t mean your spouse will comply or that the fight is over.
I have had cases where the spouses went back to court 20 times or more, over 10 or more years fighting over issues about parenting and support.
There is a better way.
I have had cases where the spouses went back to court 20 times or more, over 10 or more years fighting over issues about parenting and support.
There is a better way.