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Family law: Preparing for a continuing record

Getting divorced involves a lot of paperwork. Family law rules in Ontario stipulate that every document connected to individual cases have to be kept in a continuing record for that case. It allows the judge to get easy access to any information he or she may need in making any decisions. 

A continuing record consists of two parts, the first of which consists of any rulings a family court judge may have made in a case and any written directions a judge recommends. The second part is a documents volume which contains all papers filed by the two divorcing individuals. The applicant starts the continuing record, while the respondent can add files to it.

The documents volume contains things like the divorce application, any affidavits of service, financial records and motions. It doesn't include conference briefs on the case or settlement. If the partners have filed a joint application for divorce, they don't need separate volumes. A continuing record must have a table of contents showing what documents were filed when.

There may be things to be done during the divorce process of which some individuals may be unaware. An Ontario family law lawyer can enlighten his or her clients on what documents may be needed and which must be supplied. A lawyer can explain to clients how the law applies to their individual situation. Knowing what documents -- such as a separation agreement -- are needed before signing is imperative as is each person being aware of his and her legal rights pertaining to any documents.

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