IS RECONCILIATION POSSIBLE IN YOUR CASE?

You have consulted us regarding a separation or divorce. Before taking steps in that direction, we have a moral and legal duty to review with you the possibility of a third alternative, namely, reconciliation. Section 9 of the Divorce Act Under Section 9 of the Divorce Act, it is the duty of every legal adviser acting in a divorce proceeding to draw the attention of the client to the provisions of the Divorce Act that have as their object the reconciliation of the spouses, and to discuss with the client the possibility of reconciliation, unless the circumstances of the case are of such a nature that it would be inappropriate to do so. It is also our duty to discuss the advisability of negotiating support or custody matters and to inform the client of mediation facilities known to us that might assist in negotiating those matters.

Section 10 of the Divorce Act

Under Section 10 of the Act, a Court must, before considering evidence in a divorce case, satisfy itself that there is no possibility of reconciliation, unless the circumstances are of such a nature that it would not be appropriate to do so. If the Court discerns from the evidence in a proceeding of the attitude of either or both spouses that there is a possibility of a reconciliation the Court has a duty to adjourn the proceedings to give the spouses an opportunity to achieve that goal, and with consent, or in the Court's own discretion, to nominate a person such as a marriage counsellor to assist in achieving that goal.

Marriage Counselling and Mediation Services

Most priests, ministers and other religious advisers have experience in marriage counselling and can assist married couples in surviving a difficult period in their marriage. The following is a list of some other services from which you might obtain information, support and mediation on marital breakdown:

Ontario Court Mandatory Information Program

Under Rule 69.05.1 of the Court Rules, the Ontario Court at Toronto has established an experimental mandatory information program which applies to all divorce actions in Toronto after July 1, 1998 and before December 1, 2000. Under the program the spouse in a divorce proceeding that contains claims other than a simple divorce must attend an information session at the Toronto Court Offices in the evenings. The Court will not process the divorce until the spouse has obtained a certificate of attendance from one of these sessions. The sessions deal with separation issues, resolution options available, the legal process "and other related matters".

It is always advisable to negotiate and settle privately matters corollary to a divorce such as property division, spousal and child support, and any other special issues. As your legal advisers we can assist in guiding you through that kind of process or in establishing proper parameters to protect your interests.

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