If the parties cannot reach an agreement on all of their issues at a Pre-Trial Settlement Conference, the matter will be set down for trial. The court will set trial dates in consultation with the parties or their counsel. Each side attempts to estimate how many trial days they will need to present their case, and that is how long the trial is set for. Family law files generally need somewhere between 3 -10 days to complete. At trial, the Petitioner, being the person who started the action, will present their case first. The Respondent then presents their case. Once all evidence is presented, each side will have an opportunity to make oral and/or written arguments about what they think should happen and why. The trial judge will then consider the evidence and arguments and make their decision. The judge's decision is usually made in writing and provided to each party sometime after the trial is complete.

If you are facing the prospect of a trial in a family law matter and you would like assistance or advice on this process, please contact our family law team at www.mckercher.ca/familylawsask.