F.A.Q.
1) Family Law A.I. Agent (Q & A) Generated Response
How do I get divorced in MB?
Prerequisites:
1. Residency Requirement
• At least one spouse must have been a resident in Manitoba for at least one year
• The only legal ground for divorce in Canada is "breakdown of marriage"
Step-by-Step Divorce Process:
Step 1: Preparation of Documents
• Obtain divorce forms from:
• web2.gov.mb.ca/laws/rules/forms
• Law Courts at 408 York Street
• Order your Marriage Certificate from Department of Vital Statistics
• If marriage certificate is in a language other than English/French, get it professionally translated
Step 2: Complete Required Forms
• Fill out:
• Petition for Divorce (Form 70A)
• Financial Statement (Form 70D) - if necessary
• Demand for Financial Information (Form 70D.1) - if necessary
Step 3: File Divorce Documents
• Go to court registry office
• Bring:
• Completed forms
• Marriage certificate
• 3 copies of documents
• Pay filing fee of $210.00
• Court will conduct CDR search and obtain clearance certificate
Step 4: Serve Divorce Papers
• Locate your spouse's whereabouts
• Hire a process server
• Provide:
• Spouse's photograph or physical description
• Affidavit of Service (Form 70I)
• Acknowledgment of Service (Form 70C)
Step 5: Await Response
• Your spouse can:
• File an Answer (making divorce contested)
• Not respond (making divorce uncontested)
Step 6: Finalize Divorce
• Divorce takes effect 31 days after being granted
• Cannot remarry until divorce takes effect
• Order Divorce Certificate from Court of King's Bench Registry Office
• Divorce Certificate costs $30.00
Important Considerations
• If unresolved matters exist (child support, property division), consult a lawyer
• Consider using the Uncontested Divorce Guide ($30 from CLEA) if matters are settled
Recommended Resources
• Community Legal Education Association (CLEA):
• Phone: (204) 943-2382
• Toll-free: 1-800-262-8800
• Lawyer Referral Service: (204) 943-3602
Disclaimer: This information is not absolute and does not constitute legal advice. Consult a qualified legal professional for advice, opinion and guidance.
2) Family Law A.I. Agent (Q & A) Generated Response
What is an SRL and list all websites from which I can obtain information?
SRL Definition
• SRL stands for Self-Represented Litigant
• An individual representing themselves in court without a lawyer
• Independently managing legal proceedings
Comprehensive Websites for SRL Information:
1. Official Court Websites
• Manitoba Courts:
• www.manitobacourts.mb.ca/selfrepresent
• Canadian Judicial Council:
• www.jc-ccm.ca/en
2. Legal Education Resources
• Community Legal Education Association:
• www.manitobacourts.mb.ca/selfrepresent
• Legal Help Centre:
• www.legalhelpcentre.ca
• Manitoba Law Courts:
• www.manitobacourts.mb.ca
3. National Resources
• National Self-Represented Litigants Project:
• www.representingyourselfcanada.com
• CanLII Legal Database:
• www.canlii.org/en
• Justice Canada Family Law:
• www.justice.gc.ca/eng/familylaw
4. Government Portals
• Manitoba Family Law Portal:
• www.manitoba.ca/familylaw
• Legal Aid Manitoba:
• www.legalaid.mb.ca
• Families Change:
• www.familieschange.ca
5. Specialized SRL Guides
• "So You're Representing Yourself" Primer:
• www.representingyourselfcanada.com
• National Self-Represented Litigants Project Resources:
• www.cjc-ccm.ca/FamilyHandbookEnglishMasterFinal2021.pdf
Important Considerations
• If unresolved matters exist (child support, property division), consult a lawyer
• Consider using the Uncontested Divorce Guide ($30 from CLEA) if matters are settled
Pro Tips
• Bookmark multiple resources
• Download available guides
• Attend free information sessions
Disclaimer: This information is not absolute and does not constitute legal advice. Consult a qualified legal professional for advice, opinion and guidance.
3) Family Law A.I. Agent (Q & A) Generated Response
How is spousal support determined?
Definition and Purpose
Spousal support is financial assistance paid by one spouse to another following marriage breakdown, designed to:
• Compensate for economic disadvantages
• Facilitate financial independence
• Minimize economic hardship post-separation
Determination Process
Step 1: Establish Entitlement
Key factors include:
• Income differential
• Marriage duration
• Roles during marriage
• Economic impact of separation
• Future earning potential
Step 2: Calculation Methodology
Spousal Support Advisory Guidelines (SSAG)
• Advisory framework, not legally binding
• Used by courts and legal professionals
• Considers multiple variables:
• Length of marriage
• Age of spouses
• Number/age of children
• Income of both parties
Tax Implications For Payer
• Potential tax deductions
• Must meet specific CRA criteria
• Requires written agreement/court order
For Recipient
• Reported as taxable income
• Increases total taxable income
Professional Recommendations
• Strongly advised to consult:
• Family law lawyer
• Tax professional
• SSAG software expert
Authoritative Resources
• Justice Canada - Spousal Support
• Spousal Support Advisory Guidelines
• Canada Revenue Agency
Important Considerations
• Highly individualized assessment
• Requires comprehensive financial analysis
• Aims to achieve fair economic balance
Calculation Complexity
• Involves multiple legal and financial factors
• Significant judicial discretion
• Requires professional interpretation
Software and Tools
• Specialized calculation software available
• Online calculators for basic scenarios
• Professional tools recommended for complex cases
Additional Factors
• Provincial/territorial laws may vary
• Federal Divorce Act provides overarching framework
• Modifiable based on changing circumstances
Disclaimer: This information is not absolute and does not constitute legal advice. Consult a qualified legal professional for advice, opinion and guidance.
4) Family Law A.I. Agent (Q & A) Generated Response
How is my pension affected? Private sector vs. Government sector
Private Sector Pensions:
• Governed by Manitoba's Family Property Act
• Considered family property during divorce
• Division mechanisms:
• Split actual pension payment at retirement
• Lump sum payment to non-member spouse
• "Buy-out" option where member spouse compensates non-member spouse
Key Private Sector Requirements:
• Mandatory independent legal advice
• Mandatory information from plan administrator
• Must receive detailed benefit entitlement information
• Can negotiate percentage of division (0-50%)
Government Sector Pensions:
• Federally Regulated Pension Plans (e.g., banks, airlines, federal agencies):
• Governed by Pension Benefits Standards Act
• Can assign up to 100% of benefits earned during relationship
• Non-member spouse options:
1. Immediate lump sum transfer
2. Deferred pension in plan
3. Lifetime pension if member is retired
Specific Division Options:
• Immediate transfer
• Deferred pension
• Partial pension division
• Complete pension division
Critical Considerations:
• Pension valuation is complex
• Requires professional actuarial assessment
• Tax implications must be considered
• Mandatory independent legal consultation
Recommended Resources:
• Manitoba Pension Division Details
• Federal Pension Division Rules
Disclaimer: This information is not absolute and does not constitute legal advice. Consult a qualified legal professional for advice, opinion and guidance.
5) Family Law A.I. Agent (Q & A) Generated Response
What items generally fall under the property umbrella?
Manitoba Marriages Broad Property Categories
1. Real Property
• Family home
• Secondary residences
• Vacation properties
• Land
• Farms
• Recreational properties
2. Vehicles
• Family car
• Recreational vehicles
• Boats
• Land
3. Financial Assets
• Savings accounts
• Chequing accounts
• RRSPs
• Investment accounts
• Life insurance policies
• Annuity policies
• Stocks
• Bonds
• Mutual funds
4. Household Items
• Furniture
• Appliances
• Electronics
• Decorative items
• Clothing
• Personal belongings
5. Pension and Retirement Benefits
• Occupational pensions
• Canada Pension Plan (CPP)
• Pooled registered pension plans
6. Tangible Assets
• Jewelry
• Art collections
• Collectibles
• Tools
• Sports equipment
7. Business-Related Property
• Business interests
• Corporate shares
• Professional equipment
• Intellectual property
Key Classification Principles:
• Acquired during marriage/cohabitation
• Used for family purposes
• Increased in value during relationship
• Potentially shared under Family Property Act
Special Considerations:
• Pre-marriage assets might be partially includable
• Some assets may require specialized legal interpretation
Disclaimer: This information is not absolute and does not constitute legal advice. Consult a qualified legal professional for advice, opinion and guidance.