When determining if spousal support should be paid, the first hurdle is to determine whether the spouse claiming support is legally entitled to spousal support. There are many factors that are considered. These include, but not limited to: the length of the relationship; the roles or duties performed by each spouse during cohabitation; the […]
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What is equalization? How does it apply in a separation?
Married couples are entitled to a legislated property division regime, known as “Equalization”, which is set out in the Family Law Act. The equalization is when each spouse calculates their respective “net family property” by totalling the value of their debts, assets and liabilities for the duration of the marriage. This number is then […]
Read MoreCan the court process be avoided using a Separation Agreement?
You and your spouse/common-law partner do not need to go to court to settle matters between each other. You can always come to an agreement and resolve your matters out of court. The Separation Agreement will finalize issues of support, property, and parenting. A Separation Agreement is a domestic contact and is legally binding. […]
Read MoreWill you have to appear before a judge to get your Divorce Order?
No, you do not have to appear before a judge. The term divorce simply refers to the “paper process” of exchanging your marriage certificate for a Divorce Order.
Read MoreHow do I know if Mediation is the best option?
Family mediation is a voluntary process in which a mediator (a neutral party) assists the parties in resolving their disputes related to their separation. The mediator does not decide the case. Instead, the mediator works with the parties to reach an agreement which both parties are agreeable to.
Read MoreHow do you know if the Collaborative practice is the best option for one’s situation if the Court process is trying to be avoided?
When considering whether collaborative family law is a potential option for yourself, consider the following questions: Can I respect my spouse even when we disagree? Are my children’s needs my top priority? Are both mine and my spouse’s needs equal in my mind? Can I listen to my spouse objectively? Can I work creatively […]
Read MoreWhat is a Dispute Resolution Officer? What is their role?
Dispute Resolution Officers (DROs) are lawyers appointed to support the family law court process by aiding parties in attempts to resolve their issues prior to their case proceeding before a judge.
Read MoreWhat is considered standard disclosure?
Standard disclosure is the requirement to provide the last 3 years Notice of Assessment, Income tax return, pay stub and sworn Financial Statement.
Read MoreDo I have to pay spousal support?
In Ontario, spousal support is not an automatic right. Your spouse may be entitled to support if they can demonstrate the following: The financial needs of both spouses The length of the marriage The roles of each spouse during their marriage The effect of those roles and the breakdown of the marriage on both spouses […]
Read MoreWhat are S. 7 expenses?
Section 7 expenses are separate and apart from regular child support, and are shared in proportion to each party’s income. Child care, uninsured medical and dental expenses and other health related expenses, post-secondary education, private schools and extracurricular activities are all examples of such expenses.
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