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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As per the Children’s Law Reform Act, biological parents are equally entitled to custody of the child. However, if upon separation, the parents cannot agree on custody, one can bring an Application to settle the matter. Child custody is the right of the parent(s) to make important decisions for the child, which includes, but is […]
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Upon the dissolution of marriage, spouses may elect to enter into a separation agreement wherein important decisions such as property division, child custody and access, and support obligations are settled. Aptly named, a separation agreement is a contract, which may be prepared upon the separation of the parties. Separation automatically occurs once the parties begin […]
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Divorce is the legal mechanism that ends a marriage, following which you may legally marry a future (or current) partner. While many family law issues can be dealt with outside of court, a divorce can only be obtained with a judge’s signature. Ultimately, there are three routes to getting divorced. 1. Joint Divorce Application The […]
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While the term “divorce” in everyday life broadly refers to separating couples and all the associated stress, the “divorce” itself is usually one of the simplest legal issues in family lawyer circles. Generally, disputes over custody, access, support, and property division are rightly at the forefront of family law disputes. In the end, all […]
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When married spouses separate, they are subject to the property division regime found in the Family Law Act, unless otherwise agreed to in an enforceable domestic contract. The Family Law Act provides for the “equalization of net family property” upon the breakdown of marriage, or when one spouse dies. Both spouses are generally entitled to […]
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Fee Structure Lawyers generally bill by the hour, while in some circumstances flat fees may be offered. In either case, you should be made acutely aware of how your lawyer will be billing you, and how to maximize your time. For example, clerical and administrative questions can normally be dealt with by an assistant, who […]
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Spousal support payors in Ontario may assume that their obligation to pay support will terminate upon retirement, considering each party will have already equalized their assets, including the payor’s pension. Moreover, pension income is often considerably less than employment income, thereby reducing the payor’s ability to make payments. While there is some truth to the […]
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In Canada, divorce is governed by the federal Divorce Act. The only ground for divorce is the “breakdown of marriage”, which can be proven in three ways: The spouses have lived separate and apart for one year; The spouse against whom the divorce proceeding is brought has committed adultery; or The spouse against whom the […]
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New Child Support Guidelines came into effect on November 22, 2017. Child support obligations are calculated in accordance with the tables included in the Child Support Guidelines, which can be found here. Some situations allow the Courts to deviate from the prescribed amounts. Can I get retroactive child support payments because the payor has not paid […]
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