Date of Marriage

For many clients entering our offices, the date of marriage may seem like a distant memory, or perhaps a day they would prefer not to remember at all. But no matter how much you may want to forget it, your marriage date remains significant in the eyes of the law. When two people enter into […]

Uncontested Divorce

A divorce is recognized when there has been a breakdown of marriage which occurs when the parties have been separated for at least one year or where the party filing the application proves that their spouse has committed cruelty or adultery. However, if none of these things have occurred but both you and your spouse […]

What does it mean to “cohabit”

First, for couples who are NOT married, Ontario’s Family Law Act sets out various rights and obligations that apply to couples who have been “cohabiting” for three years or more, or who have been cohabiting for less time but have a child together. Even when a court deals with spousal support for married couples, it […]

Travel Consent

A travel consent applies to a child who is either traveling alone, with only one parent/guardian, friends, relatives or a group (e.g. sports, school, musical, religious). Although there is no Canadian legal requirement for children to carry a travel consent, a travel consent may be requested by immigration authorities when a child is traveling abroad. […]

Child Support

Child support refers to a child’s right to be financially supported by the non-custodial parent. This financial support is generally paid on a monthly basis. The amount of child support a payor parent is obligated to pay is often referred to as the ‘table amount’ as this number is derived from a table of calculations set out in the Federal […]

Misconception of Sole Custody

The Meaning of Sole Custody To get to the misconceptions of sole custody it is important to outline its meaning. Sole custody outlines how decisions are made for the child and who can make them. It does not outline the physical care or the amount of time spent with the child. Sole custody is also […]

What are the Child Support Guidelines?

The Federal Child Support Guidelines contain an easy to use table for each province and territory to determine how much child support needs to be paid from one parent to the other. The set-formula: The table uses a set formula which considers: The number of children that child support should be paid for, and The […]

Property Division

The division of assets and property can be complicated and confusing. Furthermore, married spouses have different property rights under the law than common-law spouses. Married couples are entitled to a legislated property division regime, known as “Equalization”, which is set out in the Family Law Act. The equalization process begins with each spouse calculating their respective “net family property” […]

Spousal Support

Finances are one of the most common concern when considering a separation or divorce from your spouse. Whether you are the higher or lower income earner, the subject of your finances is crucial, and often the indicator of your quality of life, going forward. You or your spouse may be entitled to claim spousal support, regardless of whether you were […]

Mediation

Mediation is one form of alternative dispute resolution in which you and your spouse meet with a neutral third party, a Mediator, to attempt to resolve your legal issues. Mediation cannot be forced; you and your spouse must consent to attend Mediation. There are many advantages to attending mediation including the following: It is typically faster than […]