Separation and Divorce
Financial and parenting issues pertaining to either a marriage breakdown or a breakdown of a common-law relationship.
Common Law Relationships
Although Ontario law does not recognize all property rights if you are living together without being legally married, you may be entitled to spousal support and child support payments.
Child Support
Both parents maintain responsibility for financially supporting their children upon separation, whether upon a breakdown of a common law relationship or a marriage. These claims will take into account the living situation of the child, the number of children, and the payor’s income.
Spousal Support
In Ontario, a spousal relationship is regarded as an economic partnership, whether you are legally married, in a common law relationship, or have any children together. The spouse earning more income may have to make payments to the spouse earning less income upon separation. The entitlement to spousal support payments, however, is not absolute, and the payee has to take certain steps to become self-sufficient. Entitlement to spousal support and the duration of such support will be determined using various criteria.
Property Division
Ontario law specifies that the value of all assets acquired by spouses during a marriage shall be divided equally upon the marriage breakdown. These claims arise to make sure each spouse is ending the marriage on equal financial footing.
Child Custody and Access
Matters involving the child, including parenting plans, living arrangements, decision-making, child protection, grandparents’ and step-parents’ rights, child protection, mobility rights and child alienation.
Possession of the Matrimonial Home
A matrimonial home is the home where you and your married partner lived together before you separated. You and your married spouse have equal financial rights to the matrimonial home, but one spouse may be found entitled to its possession after your separation. Under certain conditions, one spouse may want to seek an order for the sale of the matrimonial home.
Alternative Dispute Resolution and Collaborative Law
We will do our best to attempt to resolve your case without the added stress and costs of going to court. Alternatives to going to court include collaborative law, negotiations, mediations and arbitrations. Unfortunately, it is not always possible to resolve a family law matter amicably, and if that is the case for you, we will not hesitate to fight for your rights in court.
Family Law Agreements
Marriage contracts are entered into either before or after marriage. Cohabitation contracts are entered into either before or after cohabitation by unmarried persons. Separation agreements are entered into by either married or unmarried spouses after the relationship has broken down. Marriage and cohabitation contracts can cover a variety of issues, including child support, spousal support, property and debt, but do not cover parenting arrangements. Separation agreements cover all family law matters, including parenting arrangements. These contracts may be set aside or variated under certain circumstances.
Domestic Violence
Unfortunately, domestic violence remains a prevalent issue in Canada. Domestic violence is not only physical abuse, but psychological and emotional abuse as well. You may be able to obtain a Restraining Order under the Family Law Act if you believe that your spouse is a threat to you and/or you children. If you and/or your children have experienced domestic violence, you may also be entitled to exclusive possession of your matrimonial home.
