How to Get on the Judge’s “Good Side” When Representing Yourself in Court

Pro Se litigation can be overwhelming and scary for anyone who has never had to deal with the courtroom. If the thought of facing a powerful judge makes your heart stop, you’re not alone. But depending on your financial status, you may need to invest some confidence in yourself and tackle your divorce or child support case pro se.

While pro se litigants are common, especially in today’s world of economic difficulties and sue-happy individuals, they can sometimes by prejudiced by the courts. Typically, pro se litigants tend to file improperly formatted paperwork, miss deadlines and court dates, are unprepared and do not typically understand courtroom procedures. This can make the judge in the court frustrated, bored, and at times, instantly against you.

There are some ways to get on the judge’s good side. First, it’s important that you fully understand the courtroom procedures that you may face. By educating yourself in terms of what to expect in the courtroom, nothing can take you by surprise and throw you off-track.

Being prepared is so important when it comes to self-representing yourself in court and working in the judge’s favor. If you show your judge that you have made a faithful effort in representing yourself, they will have a little more respect for you than the everyday Pro Se litigant that has no clue what they are doing at all and have no paperwork, background research, or legal background to back them up. By having your stuff together and knowing some of the laws that pertain to your civil case, you will gain the respect of the judge immediately.

If you use a lawyer to represent you in court, you are at the mercy of the attorney’s personal history with the judge. If the attorney tends to get on the judge’s bad side, the judge will tend to favor the opposing counsel. If the judge knows your attorney always plays dirty in the courtroom, the judge will already know ways around their tricks and techniques ahead of time, putting you at a severe disadvantage.

Remember, the judge is the one that will ultimately determine the outcome of your divorce case or your child support case. By being prepared, giving the judge respect, and knowing your legal rights, you will be one step ahead of your ex-wife when fighting for your financial future.

Prenuptials and Marriage Contracts in Ontario – What Are They All About?

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to getting a marriage contract or prenuptial agreement in Ontario, you should seek professional assistance.

In this article, I thought I’d talk about marriage contracts, which are often referred to as prenuptial agreements (but this is only the case if the marriage has not been entered into yet).

What are they?
Marriage contracts help parties who are going to get married or who are married arrange their financial affairs in case of a separation. Marriage contracts are made by parties in the following typical situations:

* the parties intend to marry each other;
* the parties have been married before, have children from previous marriages and want to ensure that their financial affairs will not be affected by the marriage;
* the parties are married but one of whom is about to receive an inheritance;
* the parties are married but want to exclude one of the party’s property from net family property in the event of death, separation, or termination of the marriage.

What are the benefits of having one?
Without a marriage contract in place, if spouses separate, then the applicable federal and provincial legislation will apply to divide their finances. In Ontario, this is done by dividing a pool of funds called “net family property”. It’s called “net” because you subtract the worth of each spouse on or at the date of marriage. Hence, the net family property is the increase of net worth of the spouses since the marriage. After this figure is determined, it is equalized and each spouse is entitled to half.

Having a marriage contract gives the parties certainty, predictability, and control over their financial arrangements in the case of a separation. While things like spousal support, assets and properties can be dealt with in a marriage contract, anything to do with children of the marriage or possession of the matrimonial home cannot be contracted for. Overall, a clear and fair marriage contract can make separation and divorce much cleaner and cheaper (by avoiding acrimonious litigation!).

What are the legal requirements to have one?
There are three basic requirements for a marriage contract or prenuptial agreement to be validly binding:

1. The parties must make full disclosure of their financial assets, liabilities, income and expenses.

2. The contract must be in writing and signed by each party before a witness.

3. The contract must be entered into voluntarily and not under any duress, undue influence, etc.

It is advisable that each party retain separate counsel to protect their rights and promote their interests. Family law lawyers can help draft, negotiate, and explain marriage contracts to you. The last thing you want is for the marriage to breakdown and a spouse to claim that he or she did not understand the marriage contract, entered into under duress, did not understand it, and did not receive independent legal advice concerning it!