Intro
Sometimes there are circumstances when one (or both) party/parties want/s to obtain the Divorce despite the ongoing litigation. Usually it happens when there is an understanding that the resolution of outstanding issues may take much longer. There is a process that allows to bifurcate the issue of divorce from all other issues. In other words, it will carve out the issue of the divorce. However, it is better to have a family law lawyer present during this process. The lawyer will ensure that you do not give up any of the claims or rights by virtue of agreeing to a bifurcation and divorce. Family law and divorce lawyers at Progressive Legal Solutions will be able to help you in those circumstances.
Bifurcation can provide a quicker path to legally ending the marriage. However, it will leave other matters, such as property division and custody arrangements unresolved. It is important to understand that bifurcation can complicate things. For example, it may affect the timing of financial and support decisions. Courts will typically want to see that both parties are in agreement. Also, courts may question whether bifurcation is in the best interests of justice.
General Principles of Bifurcation
Section 12(5) of the Family Law Rules, O Reg 114/99, provides that if it would be more convenient to hear two or more cases, claims or issues together or to split a case into two or more separate cases, claims or issues, the court may, on motion, order accordingly.
Although as a general rule, courts try to avoid the multiplicity of proceedings, there are instances where the interests of justice are served by bifurcation of the issues as long as the bifurcation does not cause prejudice to either party.
In fact, both Family Law Rules and the inherent jurisdiction of the Court provide ample authority and power to permit cases to be split. Quigley J. in Simioni v. Simioni at paras 15-17 provides a helpful analysis of the legal principles that many cases followed afterwarads, including Shulman v Ganz 2015 ONSC 3254, [2015] W.D.F.L. 3480 at para 24.
Family law experts at Progressive Legal Solutions will advise on the risks and benefits of bifurcation. Our family law experts will protect your rights and will ensure that you don’t unknowingly waive important claims during this process.