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Paper Trails: How Creating Them Can Help You in Court

Published: May 15, 2013

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Paper Trails: How Creating Them Can Help You in Court

During your divorce, your North York divorce lawyer might advise you to keep a journal, hold on to receipts or file away bills, statements and other financial information. That’s because a paper trail—evidence of what has happened and when—can be an invaluable asset in putting together your case. Having an accurate picture of your everyday life can help your lawyer work on the child custody agreement, spousal support and child support aspects of your case.

Keeping a Journal

If your North York divorce lawyer suggests that you keep a journal during your divorce, the benefits are twofold. A journal gives you a way to vent your feelings; at the same time, it’s a place to write down what your ex did or said that may have an impact on your case. For example, if your ex consistently fails to pick up your kids for visitation, he or she calls and threatens you or does something awful, like drains your joint bank account, you’ll have times and dates readily available when your lawyer needs them.

Hanging on to Bills and Financial Statements

Your North York divorce lawyer will probably suggest that you keep all your bills, financial statements and receipts in a file. Keeping track of your expenses, whether you’re paying for a child’s extracurricular activities or you’re making mortgage payments, will help your lawyer get you what you’re entitled to receive in court.

Your lawyer might suggest that you create a budget or work with a financial adviser in order to set yourself up for financial success once the divorce is final. The information you gather will probably be helpful to the courts in determining child support, spousal support and property division during your divorce.

What to Tell Your Lawyer

In most cases, you’ll need to tell your North York divorce lawyer everything. He or she can best help you when you provide plenty of information. Your lawyer can’t help you solve a problem if he or she doesn’t know it exists—so any time something noteworthy happens, make a quick phone call or send an email to keep your lawyer in the loop. Document everything in your journal and hold on to both paper and digital records for financial transactions; that way, you have all the information you need at your fingertips.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - property division

The best way to protect your business during a divorce is to designate it as separate property in a prenuptial agreement. Your pre-nuptial agreement will serve as a protection because it ensures that your business is still a separate entity no matter how much your spouse contributes.

No, a limited company is not protected from divorce. Business assets such as shares in a limited company, assets owned as a sole trader, or an interest in a partnership can be considered part of your divorce financial proceedings.

Yes, a business is considered marital property, especially if acquired during the marriage and with joint funds. If this is the case, then its value should be shared by the couple equally upon divorce.

When you separate or divorce, you could be forced to share the inheritance with your spouse if you are not careful with what you do with it. As long as you received your inheritance during the marriage, you can exclude the value of the inheritance you left on the date of separation from your net family property.

If you are legally divorced, then most likely, the division of all of your assets and debts occurred at the time of divorce, your ex spouse would have no right to property acquired after the divorce, including inherited money or personal property received after the divorce.

Future inheritances are not taken into account when dealing with the financial aspects of a divorce, but if it is expected that the person making the bequest will die in the near future, and if the inheritance is likely to be substantial, it may be.

Yes you can. What you can do now is for you and your wife to designate the second home as the matrimonial home, and register it as matrimonial home before the land registry office. After doing so, the first home that you purchased using your inherited money will no longer be considered a matrimonial home. In this case, you can now exclude the amount you paid to purchase the first home from the net family assets.

No. You cannot exclude an inherited property that was already used and no longer existing at the time of separation.

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If you need legal advice regarding property division matters in Ontario, contact our Toronto family law lawyers for a free consultation. Some conditions may apply.

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