Family Law

   A parent leaving the home may have a quite dangerous impact on not just the child(ren), but as your rights as a parent & spouse. Once you are no longer providing day-to-day care for your child(ren), your spouse eventually becomes the primary caregiver. This generally allows the primary parent entitlement to child support payments.

   Frequently, the spouse who stays in the matrimonial home may also receive spousal support, as a result of being economically disadvantaged due to the breakdown of the marriage & becoming the primary caregiver of the child(ren). In an effort to protect and preserve your parental rights, you should seek legal advice before leaving the matrimonial home. We know how custody issues may impact and overwhelm your life. As such, we can assist you in finding a prudent and reasonable approach to the issues of decision-making responsibility and parenting time.

     Mediators are unbiased third party facilitators who can assist you and your spouse in a variety of legal matters. Mediators only provide recommendations on the interests of both parties and will not provide legal advice or make binding decisions.

     If an agreement is reached during the mediation process, the mediator will prepare a legally binding Agreement. Both parties will then be given the opportunity to speak with their respective lawyers to receive independent legal advice. Uncoupling a marriage is often quite emotional on both sides. Each situation is unique and requires thoughtful, fair consideration. Mediation is a useful method for resolving a separation or negotiating a prenuptial agreement, it is generally productive and quick.

  Child support guidelines have been making strides in recent years. Formulas are becoming easier to understand and guidelines are put in place to determine what should and should not be included in support payments. Child support arrangements are normally straightforward when handled correctly. However, there are a number of variables that may complicate the process: undisclosed income, claims of financial hardship, child contributions, and custody arrangements, just to name a few.

  Due to the emotional state a separation can put on someone, and the number of matters that need your attention, seeking professional legal advice early in the process can help determine the best course of action for you and your child(ren). From the second you call, our goal is to provide you outstanding legal counsel in a friendly & caring approach.

    Ending a relationship, common-law, or marriage, is never easy. There are many sensitive legal matters involved in any separation or divorce and can become complicated quickly. When two people stop living together, they should seek legal advice to protect themselves and their assets, including: property ownership, child & spousal support obligations, & parenting and decision making.

    Failure to file the correct paperwork or apply for the appropriate court order may result in losing some or all of your legal rights. For this reason, we strongly recommend that any divorce or separation be handled by a skillful and experienced lawyer who understands your legal rights and obligations & fights hard to protect your rights and resolve your matters strategically and efficiently.

   A prenup or "marriage contract" is a great idea for couples who wish to outline what will happen to each partner’s assets and finances if the marriage should break down. In Ontario, prenups are valid for anyone entering into them. Unmarried individuals are able to create a similar cohabitation agreement.

  A prenuptial agreement can be created anytime before being married, a post nuptial agreement is created anytime after and carries all the same rights as a prenuptial agreement. A post nuptial agreement can be created anytime during a marriage, but must be in place before the marriage breakdown happens. After separation, the parties may enter into a separation agreement. It is important to note that there are some family matters that cannot be included in the agreement. Prenups can also help solve important issues before they arise, rather than waiting for a court to decide.

  A separation agreement is a legally binding contract. Two individuals, who cohabited, not necessarily married, can be parties to a separation agreement. In a separation agreement, parties have the power to settle and deal with all aspects of their respective rights and obligations, including: property rights, support rights, allocation of debts, right to custody and access to children, right to direct the education and moral training of children, and any other related aspects.

    Are you considering a divorce or annulment? While the process can be straightforward, a court order is always required. Some cases may be uncontested where both parties agree to the custody of children & support payments, while other cases may be complex with mediation and considerable assets, especially if the separation is one-sided.

   It is very important to be aware of the impact a divorce or annulment may have on your rights as a spouse and as a parent, especially if there was no agreement in place. The cause of a separation can also have a serious impact, should the matter go to court. Before proceeding, it is advised that you seek professional legal advice from an experienced family lawyer who can outline a plan of action, should you choose to move forward. For information on foreign divorces, please follow this link.

Please click here read the full PDF version of the article titled:  Natural Justice must be served in foreign divorces, Ontario Court of Appeal affirms.

Here is a recent case regarding foreign divorces.

   The Department of Justice has created the Spousal Support Advisory Guidelines, which are available to assist parties to discuss the amount appropriate of spousal support to be paid. The court may consider these guidelines in determining how much spousal support should be paid, but such guidelines are not binding. They represent flexible ranges based on income level, spousal contributions, child care, martial functions, career choices, and more.

   When drafting an agreement, it is important to note duration, form of payment, re-marriage, unemployment, and retirement. Common law spouses are also entitled to spousal support under the guidelines. It is highly recommended to receive legal advice about spousal support early in the process of separation, in order to ensure that you understand and protect your rights.

     When a marriage ends there are assets that need to be divided, one such asset is the property. Who chooses to continue living in the house? Is the house sold and debt/ finances divided? Can you both continue living in the house even though you are separated? The answer to all questions is yes, as long as both parties create an agreement which outlines all details pertaining to the separation and the division of property.

     Unmarried, or common law partners are not entitled to the same rights as married couples when dividing property. However, the owner of the property may have to provide payment, due to the direct or indirect contributions made by his/ her former partner. An exception would be if the property is jointly owned. Typically, in most marriages the two most valuable assets they own are the matrimonial home and pension plans. As division of property can be complicated, it is vital to receive legal advice early in the process of separation or divorce.