Ending a marriage is never an easy decision. The average individual does not know what their rights are with respect to family assets and liabilities. What are the consequences if you move out of the matrimonial home? What happens if your spouse runs up the joint line of credit?

Speaking to a lawyer about the separation process and getting a better understanding of your rights and obligations prior to separation is always a good idea. Give our office a call and book a consultation to discuss your specific situation and to get some advice on how best to move forward.

A Separation Agreement is a legal document the sets out the terms of your separation. In preparing the Separation Agreement, the parties go through a process of financial disclosure, which clarifies what assets and liabilities the parties have individually and jointly. It also helps the parties to identify what items need to be appraised – whether that be any pensions, the matrimonial home, or other items that can be difficult to value.

A Separation Agreement also deals with issues decision making (previously called “custody”) and parenting time (previously called “access”) as well as child and spousal support.

Generally, a Separation Agreement is the first step in ending a marriage before a full divorce is sought by the parties. It is most often the most economical solution, and does not require court intervention if the parties can agree to all of the terms.

In our office, we have extensive experience providing guidance to people from all walks of life – whether you have a lot of assets or a lot of debt, we can advise you of your rights and obligations and help to craft an agreement that will help you to avoid going to court.

Collaborative Family Law is one of many ways that parties can work together towards ending their marriage. It involves both parties engaging the assistance of outside parties – lawyers, financial advisors, and sometimes family counsellors to assist them in dealing with various aspects of their separation. The process is designed to keep parties out of court and committed to solving even the toughest issues with assistance of their hired “specialists”. Although many parties can resolve their issues through a separation agreement, those individuals with more complicated or contentious issues may find that a more formal collaborative approach to be very helpful.

All families are unique – and what works for one won’t necessarily work for the other. Collaborative practice is about cooperation and coming up with solutions that work based on the needs of each individual and the family as a whole.

When separating partners work together to create a separation agreement, they’re more likely to stick to it, and will have a more positive relationship going forward. Our office is happy to meet with you to help you determine if Collaborative Family Law is right for you.

A divorce is the legal term for ending a marriage. Although couples who are separated often do not apply for an official divorce, a divorce is required if either party wishes to remarry.

We are happy to assist you with filling out the required paperwork to get you a divorce. We can explain all of the steps to you and ensure that the process is as pain free as possible.

The amount of child support a parent pays can vary for a lot of different reasons. If, however, the children live with one parent more than 60% of the time, then the other parent, often called the “non-resident parent” must pay child support. Child Support can also be payable in situations where the parents share custody, but one parent makes more money than the other.

The amount of child support is generally based on your annual income from the last tax year. Since 1997, the Federal Child Support Guidelines (often called the “Guidelines”) have been used to calculate the amount of support payable.

While the Guidelines might be applicable to your case, there are many reasons why the guidelines might not be acceptable. Our office would be happy to discuss with you to determine whether or not the guidelines are appropriate for your case.

Parents are also responsible for sharing in various costs associated with raising a child that aren’t covered by child support. These costs are listed in section 7 of the Family Law Act, but are also often just called Special and Extraordinary Expenses or simply “Section 7 expenses”.

Special and Extraordinary Expenses can include expenses like education, daycare costs, fees for enrolling a child in sports, fees for camp, and more.

When a married couple separates or divorces, the spouse with the higher income sometimes pays money to the spouse with the lower income for a period of time to try to even out the family incomes. This money is often called “alimony payments” or “spousal support”.

In Ontario, couples who are not married but have been living together for at least 3 years or who have a child together can make a claim for spousal support.

When making a claim for spousal support, the court considers many different factors, including:

•the financial circumstances of each party,

•the length of the relationship,

•the roles of each party during their marriage,

•the effect of those roles and the breakdown of the relationship on both parties’ current

financial circumstances;

•the amount of child support and special and extraordinary expenses paid by the parties, and,

•any order, agreement or arrangement already made about spousal support

Our office can complete calculations for you that give ranges of both amounts and durations of spousal support that one party might be required to pay the other. Our office is happy to assist you with doing those calculations based on your particular circumstances.

It is important to always remember that the test in all custody and access cases is what is in the best interest of the children. Generally speaking, the court starts with the assumption that children have the right to have equal access to both parents. There are a large number of factors that can vary that assumption, but generally, that is where things start.

Most people are not familiar with the difference between “custody” and “access”. Custody is the decision-making aspect of parenting – i.e. major decisions about the child’s life, regarding their health, religion, education and general welfare. Access is the general term used for parenting time or the schedule that is set for children to move between both parents homes.

“Parenting Agreements” are the arrangements parents make for the care of their children after a separation or divorce. This includes arrangements about where the children will live, where they will go to school, their religious education, their medical care, their after-school activities and so on.

When deciding on parenting arrangements, it is important to understand that in Ontario, children come first. “What is in the child’s best interest?” is the most important question to be asked by everyone who is responsible for making sure children are well cared for during and after a difficult change in their parents’ lives. This includes parents, relatives, lawyers, judges, mediators and any others who are responsible for making sure that children are cared for in the best way possible.

Division of Family Property

Property claims between married spouses in Ontario are dealt with under Ontario’s Family Law Act – called the Equalization of Net Family Property. Essentially, this is how the law decides how to value the property of each party. We look at what assets and liabilities you came into the marriage with, and what assets and liabilities you ended the marriage with. The purpose is to “equalize” the net worth of the parties as they leave the marriage.

Lawyers collect the information required to ``equalize`` family property by first collecting all of the relevant financial information. This will include details of all of the assets and liabilities you had when you were first married, and when you separated. Lawyers will often work with you to fill in a formal `Financial Statement` to support your claim.

Some divisions of family property are simple, while others involving businesses or corporations,

There are many important rules and exclusions that must be followed when properly calculating net family property, and our office would be happy to help you with it.