Family Law

The reality is that approximately 50% of marriages in Ontario end in divorce. Unfortunately, this does little to mitigate the emotional burden of separation and divorce. Things are further complicated when access to children and support payments become an issue. As divorce and access cases can last more than two years, it is important that you feel comfortable with the family law lawyer you hire to represent you. We offer free half-hour, no-obligation consultations so that you can meet us first to ensure that we are the right people to help you with your legal needs at such a difficult time. We can assist you in all areas of family law including marriage contracts, cohabitation agreements, separation agreements, access & support for children of the relationship, spousal support, annulment and divorce.

Marriage contract & cohabitation agreements:

When you get married, the law treats your marriage as an equal economic partnership. If your marriage ends, the value of the property you acquired while you were married and the increase in the value of property you brought into your marriage will be divided equally amongst the two of you. An exception applies to the family home. You both have an equal right to stay there. In addition the children and/or the lower income spouse have equal rights to stay in the family home.

A marriage contract allows couples to plan ahead and decide on issues of property division, support payments and even the education and religious upbringing of children in the event of a break-up. This allows couples to opt for a different scheme for division of assets than what is provided for under the legal scheme in place at this time. A marriage contract can be entered into prior to the marriage or during the duration of the marriage. Certain matters such as custody and access of children cannot be subjects of a marriage contract.

Common law couples have similar rights to married couples to property division, support etc. Couples in common law relationships can sign cohabitation agreements to protect their rights. When common law couples get married, the cohabitation agreement becomes a marriage contract. Further, common law couples should put serious thought into making a will as their property may pass to blood relatives in the event of the death of one of the partners without leaving a valid will.

Separation Agreements

Spouses who separate without intention of cohabiting again can enter into separation agreements which set out terms such as how property will be decided, who would be responsible for debts, whether one of the spouses should pay support and/or the issue of child care. You have a right to complete disclosure of the financial information regarding your spouse and you should not enter into a separation agreement without reviewing same. It is more efficient and less expensive if the couple can agree on the terms. Often a mediator will be able to help couples work out the terms of a separation agreement. However, where necessary, we can represent you diligently in a court proceeding to determine the terms of the separation.

Divorce

Generally, divorces are obtained by showing that the husband and wife have lived separate and apart for a period of one year or more. A quick, uncontested divorce can be obtained within a period of less than four months.

Time

It is difficult to predict how long it will take to resolve a family law matter. Various issues may be settled by negotiating directly with your spouse’s lawyer. Often a mediator will be able to facilitate resolution of the issues. When issues of spousal and child support need to be resolved urgently, we can go to court and ask for an interim (temporary) support order pending the resolution of the case so that you and your children are financially secure pending final resolution of your case.