In Ontario, a lawyer is not required to file for divorce. However, obtaining legal advice prior to filing for a divorce may prove to be beneficial, as a lawyer can explain your rights, obligations and make the process smoother overall. • Uncontested or Joint Divorce An uncontested divorce is where one spouse files a for […]
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Can fathers be granted custody over their children? Upon divorce or separation, determining custody and access of the children is one of the more difficult parts. Fathers often feel they are on the short end of the stick, as many assume courts favor mothers in this regard. Contrary to this belief, each parent starts with […]
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Divorce can be draining – emotionally and financially. Use these tips to protect your assets upon divorce. Steps can be taken prior to or during the marriage, as well as after marital breakdown. Before 1) Marriage Contract: The best way to protect your assets is by way of a prenuptial agreement. These agreements outline the […]
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In order to apply for a divorce, you must demonstrate that there has been a break down of the marriage and that there are no reasonable prospects for reconciliation. Generally for there to be a breakdown of the marriage the parties will have to be separated and living apart for a year. This requirement is waived […]
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Suffice it to say that technology and social media have greatly developed in recent years. Their impact is not limited to our social lives. As most Canadians use one form of social media or another, this article will address how technology and social media are powerful tools that can greatly assist the divorce process, albeit […]
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When two individuals are in a relationship, aside for companionship, they also engage in an ongoing economic relationship. When couples separate, the individual earning a higher income may have an obligation to continue to financially support the individual with the lower income. It must be noted that the individual being supported typically has an obligation […]
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On June 10, 2003, in the decision of Halpern v. Canada, the Ontario Court of Appeal found that the exclusion of same-sex couples from marriage rights was a violation of equality rights, guaranteed under section 15 of the Charter of Rights and Freedoms. Previously, marriage was recognized as between a man and a woman. Thus, […]
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When parties decide to litigate, they may bring their action by way of Form 8: Application (General). Within the Application, parties will provide a family history, outline their claims against the opposing party, and state the important facts supporting their claims. The party bringing the Application is the Applicant. The Application is the Applicant’s first […]
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Divorce causes a great deal of stress on the family and is usually a disheartening experience for the children involved. Children will often be scared, frustrated or confused about their future with their parents. It’s important to address the emotional difficulty of divorce with your children. Here’s how to appropriately address your divorce with your […]
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After a breakdown in marriage, a party seeking a divorce may begin proceedings by bringing an Application for Divorce. To begin, the party bringing the Application will have to prepare an Application for Divorce, along with their marriage certificate, to court for issuing. The court will assign a case number and place a court seal […]
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