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Search Results for: spousal support

A new couple wondering about spousal support requirements.

Does Spousal Support End If You Remarry In Ontario?

If you were previously married and thinking about marrying you may be wondering Does spousal support end if you remarry in Ontario? Entitlement to spousal support and its payment obligations is one of the most commonly litigated issues in family law. There are many factors to consider including the type of support required, payment schedule, and whether child support is

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How does common law spousal support work in Ontario?

In Ontario, the process for common-law partners to achieve spousal support upon a separation can be stressful and complicated. Common law partners do have rights when it comes to spousal support but the process of proving eligibility can be complicated. Here we outline what relationships are considered common-law and the eligibility criteria for spousal support. However, reaching out to an

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Divorced woman holding envelope with alimony, savings for single mom, allowance

Spousal Support: What is it and do I Qualify?

Spousal support is the money paid by one spouse to the other after they separate or divorce. The purpose of spousal support is to: help a spouse become financially stable prevent a spouse from experiencing serious financial difficulty due to the breakdown of the relationship provide a similar lifestyle for children of the marriage compensate one spouse for being financially

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Property right in a common law relationship

Determining relationship status for Spousal Support (Case Law Update)

The recent decision in Climans v Latner (2019 ONSC 1311) looks at whether a couple are deemed to be in a conjugal relationship for the purpose of awarding spousal support. In Climans v Latner, Ms. Climans sought spousal support from Mr. Latner. The parties started their relationship in 2001 and separated in 2015 after being together for 14 years. The

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A new couple wondering about spousal support requirements.

Does spousal support end when you start a new relationship?

Spousal support may be necessary after the end of a marriage or relationship where one of the partners was more involved in generating a larger portion of the family income. It provides a fair balance while both parties adjust to their new lives and prevent people who relied heavily on their partner for financial stability from losing the lifestyle they

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Will I stop needing to pay spousal support when I retire?

If you are responsible for making regular spousal support payments from a divorce or separation agreement, you might begin to wonder how things might change as you near retirement. Once your income stream changes your support payments will change as well? If so, what can you expect? No automatic adjustments One thing to keep in mind is that your spousal

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An elderly man wondering if spousal support continues after retirement

Does Spousal Support continue after an early retirement?

As you approach retirement age, you might begin to wonder how that will influence the regular payments you send to support your spouse. After all, if your monthly pay is different, you can’t be expected to send the same amount, right? Likewise, if you are still dependent on support send from your ex, you will inevitably have some concern that

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A couple having an argument, and wondering about spousal support regulations in Ontario

How Much Spousal Support Am I Eligible for in Ontario?

Following the breakup of a marriage or relationship, the party with more income or assets may be required to provide financial support for the other. The amount of spousal support may vary based on a number of factors, but will typically depend on the length of the relationship, age of the parties and their children, as well as, the difference

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Case Review: Income Imputation and Spousal Support

A recent Ontario Court of Appeal case highlighted the issues concerning imputed income in the calculation of spousal support. What is Income Imputation? In certain situations, courts will impute (increase or decrease) the value of the payor’s income. This is for the purpose of adjusting the necessary spousal support payment. If a higher income is imputed to the payor, they

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Divorce and Separation

Child & Spousal Support

Child & Spousal Support Quantifying child support, attaining an agreement or court order for child support, and enforcing a child support order is something every separating parent in Ontario deals with at one time or another. Our lawyers will help you understand your entitlement to and/or obligations for child support, how to deal with the matter of child support arrears,

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Understanding the effect of spousal support on social assistance

Ontario spouses who are seeking a divorce may be interested in some information about how child or spousal support affects their social assistance payments. Depending on the circumstances, the amount of support could be deducted from their assistance payments.   When a person who is receiving social assistance funds divorces, the law requires that they make a reasonable attempt to

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How is spousal support enforced?

When spousal support payments are required as part of a divorce settlement or separation agreement in Ontario, the court will inform the Family Responsibility Office of these arrangements. The FRO will then receive the required support payments from the payor spouse and transfer them to the recipient. Payment can be made by either mailing a check to the recipient or

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Are you entitled to spousal support after a marriage?

Some readers from the Ontario area might be interested to learn more about how spousal support levels are calculated and determined in Canada. Although many believe that spousal support is only relegated for stay-at-home spouses to help them get back on their feet after a marriage, this is not necessarily the only factor involved in eligibility to receive support.  

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Spousal support in Ontario: The basics

In Ontario, spousal support can be awarded to couples who have been married, those who have a common-law marriage and have been together for at least three years, and couples who had a relationship of “some permanence” and had a child together.   There are many reasons why an individual might be obligated to pay spousal support, but two of

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Rules of spousal support explained

In Ontario, one spouse can receive spousal support from the other after the couple has separated or divorced. This spousal support is generally paid by the spouse who has a higher income, regardless of his or her gender. This support is also available if a couple lived together but was not married. In order for an unmarried partner to receive

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Close up of female making adjustments to spousal or child support payments

What can cause spousal or child support payments to be changed?

During the divorce settlement there will be decisions made about the amount that needs to be paid on a regular basis for spousal and/or child support. Whether this amount is determined through a collaborative process, mediation, or determined by a judge, it is a legal obligation to ensure this amount is paid. However, it is possible for this payment to

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Child Support Regulations book. Law, rules and regulations concept.

Your Complete Guide to Child Support Laws In Ontario

Originally Published: January 2021 Updated: July 2023 This is your complete guide to child support laws in Ontario. It covers everything from the basics of calculating child support payments to determining tax designation for child support. There are many details that go into child support laws. They are in place to maintain the wellbeing of children. To keep with the

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Male student working on laptop at public library

What Happens to Child Support When a University Student Takes a “Gap Year”?

Background Parents are typically expected to support their children until the completion of at least one post-secondary degree. However, when a child defers post-secondary school or takes a “gap year”, it raises child support considerations. Recently, the Superior Court of Justice (2020) reviewed and upheld an arbitration award that suspended a father’s obligations to pay child support during a child’s

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How is Retroactive Child Support Paid?

The law states that parents are responsible for financially supporting their dependent children. If a couple separates or a marriage breaks down, regardless, child support may need to be paid by the parent who spends less time with the child, or in the case of shared custody situations, by the parent with the greater income. The money is paid to

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A divorcing parent and their child

How child support orders are enforced in Ontario

After a divorce case, or separation, is finalized, all the terms and conditions of child support will be arranged and made clear to each of the parties involved, in an agreement or court order. Since this is a legal action, it can’t be overturned without evidence of a change in circumstances that has makes it necessary to revisit the process.

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Do stepparents have a child support obligation

Do Step-parents have a child support obligation?

As divorce becomes more common in modern society there are also an increasing number of blended families with parents or children that are not biologically related to one another. It is an important part of the Canadian Divorce Act to protect the interests and well-being of everyone who is involved in a divorce. So it follows naturally that there are

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A child and his father who is wondering about child support payments

What Can I Do If My Ex Stops Paying for Child Support?

Regular child support payments are an important part of ensuring the well-being of a child or children following the end of a relationship. Because of the financial implications, the responsibilities are child support payments are defined very clearly in a separation agreement. However, it can be possible, for any number of reasons, that a former spouse stops paying child support.

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How are child support payments decided in an Ontario Divorce?

How Are Child Support Payments Decided in an Ontario Divorce?

Parents of a child in Ontario must provide child support payments, regardless of whether or not they were married. There are a variety of ways that the level of support can be determined and calculated, which will be explored in this post. Child Support Payments in the Case of a Divorce When a relationship has ended in divorce, part of the

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Case Review: Making Changes to Child Support Orders & Payments

Are you or your former spouse attempting to vary a child support order? Are you trying to claim or dispute overpayments in child support? If so, a recent Court of Appeal decision may be of particular interest to you. The Initial Court Order In the case of Gray v. Rizzi, the applicant wife obtained an order in court, which provided

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Meet Livia

Livia is a strong advocate for her family law clients and is also very compassionate and empathetic in nature. Livia graduated from Queen’s Law School and attended the University of Toronto for her undergraduate degree. She has practiced exclusively in the area of Family Law since 2017.  Her practice focuses on the key issues of family law, including: property division,

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How long can an uncontested divorce in Ontario take?

In Ontario, many couples explore the option of an uncontested divorce as a more amicable and efficient way to dissolve their marriage. The timeline for an uncontested divorce in Ontario can vary, but it usually (post pandemic) takes between 5 to 7 months from the filing of the divorce application to the issuance of the divorce order. This estimate is

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When can a civil case lead to criminal charges

While family matters primarily fall under the jurisdiction of civil law, there are instances where a case can unexpectedly take a criminal turn. In this article, we’ll explore the circumstances under which a civil case may lead to criminal charges and shed light on the complexities that families may face. Understanding the Distinction Between Civil and Criminal Cases Family law

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Protecting Your Future: The Importance of a Separation Agreement Review

It can be challenging to keep track of everything during a divorce or separation, however, it’s important to ensure you understand your rights and responsibilities throughout the process. A separation agreement is often a part of a divorce or separation. A separation agreement is a legal document that outlines the terms and conditions of the separation. A separation agreement can

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family law act and divorce act in Ontario

Clean break in divorce – what is it and when should you use it

Ending a relationship by separation or divorce can be a difficult decision. Once the decision has been made things like division and distribution of assets and spousal and/or child support agreements need to be negotiated and approved by the court. The process can be a long and arduous one and as such, consideration may be given as to whether or

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The Ultimate Divorce Consultation Checklist

You’ve made the difficult decision to end your marriage and get a divorce. Now what? The first thing you need to do is find the right legal representation. Finding the right lawyer can be stressful, but having a divorce consultation checklist prepared will help you make this important decision. Ensuring you have an experienced and dedicated lawyer on your side

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How to Get a Prenup Agreement in Ontario

Protecting yourself, your assets and your property is often a concern of spouses when entering into a marriage. A marriage contract or better known as a prenup or prenuptial agreement can protect either spouse from unwanted costs or loss should a marriage dissolve through separation, divorce or annulment. You might wonder how to get a marriage contract in Ontario and

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How to Get A Marriage Annulled in Ontario

A marriage annulment in Ontario is a rare process used to end a marriage that was never valid. This is based on the principle that the marriage in question was not a legal contract from the start.  Annulments are different from divorce where the spouses are ending a valid marriage. The process of marriage annulment in Ontario requires a court

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Do you need a Lawyer for Family Court?

Family courts in Ontario hear a variety of disputes all of which can be emotionally and psychologically stressful. Cases are complex and can place a large burden on individuals disputing something in family court. In addition, the decisions made in family court can affect your financial future and the well-being of your family. To prevent additional stresses that come with

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What are the financial implications of divorce in Ontario?

Divorce can be a daunting and emotionally stressful process in Ontario. When thinking about divorce it is important to consider all the financial implications that come with it. This includes the previously laid out agreements and contracts, the cost of divorce, the division of property, child support and spousal support. The financial implications of divorce are unique to each relationship

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Divorce and adultery

What happens in divorce if you commit adultery?

This post was originally published on August 21, 2019, and has been updated as of January 3rd, 2023. Adultery can complicate a divorce case and may affect how decisions are made regarding child custody, property division and spousal support. For example, if a spouse has committed adultery during the marriage, courts may take this into account when considering an uneven

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How does common law marriage work in Ontario?

Ontario recognizes common law relationships as a valid form of union between two people. Common law relationships are legally recognized in Ontario and can bring many of the same rights and responsibilities that married couples enjoy. However, there are important differences between common law and traditional marriages. In this post, we will explain how common-law marriage works in Ontario, what

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Why Do You Need A Divorce Lawyer?

If you are considering a divorce, you may be wondering whether or not you need a lawyer. The answer to this question depends on the specific circumstances of your situation. In general, however, it is always a good idea to consult with an experienced divorce lawyer to discuss your options and make sure that your rights are protected. Here are

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Meet Sahaj

Sahaj Bhathal graduated from Wilfrid Laurier University with a B.A. (Hons.) Degree in Law & Society.  He then obtained his J.D. Degree from Western Michigan University Law School where he received Certificates of Merit for Canadian Criminal Law and Canadian Public Law.   Sahaj has practiced Family Law exclusively since his call to the Bar and has represented client in

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Is It Expensive to Get a Divorce in Ontario?

Getting a divorce is an emotionally challenging experience and is often accompanied by financial strain. In Ontario, the cost of getting divorced can vary significantly depending on a number of factors, such as how complicated the divorce is and how contested the issues are. Here are the main cost considerations when filing for divorce in Ontario: Costs of filing an

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Little Girl Crying While Parent Are Fighting

Local Judge Ruling Awards $150K in Family Violence Case

Trigger Warning: This case refers to sexual assault and psychological/emotional manipulation.  Background Information After the couple moved to Canada in 2002, the man “preyed” on his wife’s vulnerability as a racialized newcomer; assaulted and demeaned her, leaving her with lasting mental health disabilities; controlled their bank accounts; and left her and their children with no access to money when he

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How To Plan To Leave Your Spouse

How To Plan To Leave Your Spouse

Ending a marriage is never easy. While your heart may be checked out and ready, there’s a lot to think about when it comes to planning how and when you will leave.  We’ve created the following guide to help ease this transition of separation.  How Much Time Do I Need To Prepare To Leave My Spouse? While there’s no real

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can i remove my spouse from my health insurance if we are separated Canada

What To Do With Insurance After Divorce

In some instances of separation, the couple detaches and goes their separate ways immediately — they divvy up the house, the funds and even their pets.  However, in other cases, there may be circumstances in which the exes remain connected, especially if they have joint health coverage or children. Can I Remove My Spouse From My Health Insurance If We

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iling to disclose financial information

Failing to Disclose Financial Information is the Core Issue of Family Law

In a recent court case, an Ontario woman claims her husband said his net worth was zero, while he told the bank it was $21 million. For separated spouses, being open and truthful when speaking about financial information is a fundamental step when working towards the resolution of financial issues arising from separation. In Ontario, and other provinces across the

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Division of property and children among parents in case of divorce. Parental conflict resolution, custody of children. Justice, protection of child rights. Choose which parent to live with

Division Of Property Assets: Family Law Act

In most circumstances division of family assets in a divorce is split evenly between both parties, but there are some case scenarios that this might not be the case.  We have outlined what a spouse is entitled to in a divorce and how division is handled in Ontario.  Quick Division of Asset Overview: How Children Play a Role If you

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Divorce definition with ring

Divorce Terminology You Need To Know

When going through a divorce, does it feel like people are talking around you and not with you? Going through a divorce can be stressful. At Epstein & Associates, we want to make sure that you are aware of everything that is going on in your case.  Here are a few terms that you may come across in conversations that

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family law act and divorce act in Ontario

Difference Between Divorce Act and Family Law Act in Ontario

Although the two terms are often used interchangeably, Family Law is an umbrella term covering a broad range of legal topics that stem from family relationships. This includes spousal (i.e. marital and common-law) support, parent-child relationships and even family dependents relief applications.  What Is The Family Law Act? The Family Law Act is a statute passed by the Legislature of

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uncontested divorce ontario

What Does ‘Uncontested Divorce’ Mean in Ontario

An uncontested divorce is a court proceeding where the parties are not disputing the claim of a divorce, as compared to a joint divorce application where the parties are mutually seeking a divorce.  In both cases, it is preferential that the parties have agreed on all related issues, such as child support, spousal support, division of property, parenting time and

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Family Law

Family Lawyers Oshawa

Oshawa Family Law Lawyers The Epstein & Associates Oshawa team is highly experienced in all areas of family law. Our Oshawa Family Law Lawyers approach family law issues in a caring and proactive manner, that not only protects our clients’ best interests, but also lessens the negative impact the family law matter may have on any family and children involved.

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Divorce and Separation

Divorce Lawyers Oshawa

Oshawa divorce lawyers While divorce can often seem like a difficult and emotionally ridden process, the Oshawa Divorce Lawyers at Epstein & Associates will make your divorce proceeding as peaceful, efficient, and as easy-to-understand as possible. Epstein & Associates offers empathetic and non-judgmental legal advice and representation, putting you at ease with finalizing your divorce. The Oshawa Divorce Lawyers at

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Jamuna

Meet Jamuna

Jamuna Balaram practices in the areas of family law, estate planning and estate litigation.  She also maintains a real estate practice.  Prior to joining Epstein & Associates, Jamuna gained extensive experience in the litigation department of a full-service law firm where she practiced in the areas of family law and general civil litigation. Jamuna is a collaboratively trained lawyer who

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Unhappy depressed woman lying with dog at home on sofa feels apathy has mental problems. Loneliness

5 Realities of Divorce You Have To Know

Thinking of getting a divorce but are scared of the implications that follow? If you are thinking about divorce it is most likely because the negatives about your marriage outweigh the positives. There are moments where you might go back and forth on whether divorce is the right option for you based on everyday circumstances. So how do you know

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Gavel, divorce law books and wedding rings

Your Complete Guide to Divorce Law In Ontario

When it comes to divorce there are many ins and outs, government rules and regulations, as well as, overall procedures that are a part of the process. We have put together a quick guide of how Divorce works in Ontario. The goal of the guide is to address the basics of divorce law in Ontario and how it may be

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family lawyer roles

What is the Role of a Family Lawyer?

A family lawyer can assist in any legal issues between members of the same family. They represent clients in court for cases involving divorce, guardianship, adoption, domestic violence or almost anything else related to family law. What Does a Family Lawyer Help With? A family lawyer can advise a range of clients, including vulnerable individuals such as children and the

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Daniel

Meet Daniel

Daniel R. Wiener was called to the Bar in 2011 and after spending some time practicing at some of Toronto’s premiere family law litigation firms he decided to move his practice to Newmarket. Daniel strives to balance a pragmatic and results-driven approach with compassion and care for the difficulties and obstacles that clients experience during the family law process. Daniel

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Common-Law Relationships: What Happens if you Separate?

Common-Law Relationships: What Happens if you Separate?

There are many different issues that come into play with a common-law separation. The main thing to note is that you do not need to get a “divorce” if you are considered to be in a common-law relationship. Technically, this means you do not need to take legal action against your spouse if you decide to dissolve the relationship. Although

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Epstein & Associates

Lawyers You Can Trust Epstein & Associates is an established law firm dedicated to protecting the rights of our clients. Legal Services Contact Us Get the attention you deserve and require to achieve your goals today Visit our offices in… Barrie Newmarket Richmond Hill Mississauga Oshawa “Knowledgeable, easily approachable, attentive and represented my interests well. Mark is fantastic and a

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Mediation

Richmond Hill Family Mediators

Richmond Hill Family Mediation Family Mediation is a dispute resolution process where the parties meet with a mediator to reach an agreement without going to court. Mediation is an excellent option for families who are looking for a low conflict separation and is often less costly and stressful than litigation. The Richmond Hill mediator is a neutral third party who

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Mediation

Newmarket Family Mediators

Newmarket Family Mediation Family Mediation is an excellent option for families who are looking for a low conflict separation. Mediation is an efficient way of reaching an agreement and typically leaves parties more satisfied than if their matter was dealt with using litigation. During mediation, the parties and their lawyers meet with a Newmarket family mediator to come to an

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Mediation

Mississauga Family Mediators

Mississauga Family Mediation Family Mediation encourages the parties to work together to come to an agreement that works for them. During Family Mediation the parties will meet with a Mississauga family mediator, who is a neutral third party, to help you come to an agreement that you are both satisfied with, because of this, the parties are often happier with

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Mediation

Barrie Family Mediators

Barrie Family Mediation During Family Mediation the parties will meet with a skilled Barrie family mediator.  The mediator, who is a neutral third party, will help you come to an agreement that you are both satisfied with, because of this, the parties are often happier with the outcome than if they went to court. Family mediation is the go-to choice

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Mediation

Mediation

Family Mediation Family mediation is the go-to choice for couples who are looking for an amicable separation that is less costly than litigation. The mediation lawyers at Epstein and Associates are trained to help you come to a lasting agreement that both parties are satisfied with. During Family Mediation, you will meet with a neutral third party who will help

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Family Law

Family Lawyers Mississauga

Mississauga Family Lawyers Getting a divorce or legal separation is stressful. It’s a time when you are likely to have many questions about what path to take to avoid any long-term negative repercussions. The Mississauga Family Lawyers at Epstein and Associates can help you make the best of this stressful situation. Our Family Lawyers in Mississauga provide exceptional support. We

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Divorce and Separation

Divorce Lawyers Mississauga

Our trusted divorce lawyers can accompany you through the process of a separation or divorce from start to finish The decision to pursue a divorce or separation will have a significant impact on your life. During the weeks and months that come after the decision is made it is vital to have an ally by your side who can keep

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CASELAW UPDATE: How enforceable is my Arbitration Agreement?

Are you wondering how your arbitration agreement will hold up in Court? In Horowitz v Nightingale 2017 ONSC 2168, after ending their 16 year marriage, Mr. and Ms. Horowitz entered into negotiations which resulted in a written agreement between them called a “consent” or “minutes of settlement”. In their written agreement, the Horowitzs agreed and decided upon issues of custody,

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Divorce and Separation

Divorce Lawyers Barrie

Our experienced lawyers can help you through the process of a separation or divorce Getting a divorce or legal separation doesn’t have to be stressful.  In order to alleviate the stress it’s important to align yourself with the right legal team; one that can answer the many questions you are likely to have and guide you along the path to

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Divorce and Separation

Divorce Lawyers Richmond Hill

We can accompany you through the process of a separation or divorce During a divorce or separation, it is common to deal with uncertainty or have many unanswered questions about your best course of action. Forming an alliance with the Richmond Hill Divorce Lawyers at Epstein & Associates gives you access to a wealth of extensive knowledge on everything pertaining

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Divorce and Separation

Divorce Lawyers Newmarket

We can help you with the process of a separation or divorce The decision to pursue a divorce or separation is one that will have a significant impact on your life. During the important weeks and months that come after the decision is made it is vital to have an ally by your side who can keep you informed about

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Family Law

Family Lawyers Newmarket

Newmarket Family Lawyers The decision to pursue a divorce, or separation, is one that will have a significant impact on your life. During the important weeks and months that come after, it’s vital to have an ally by your side who can keep you informed about your options and protect your interests. Working side-by-side with Epstein & Associates Family Lawyers

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Family Law

Family Lawyers Barrie

Barrie Family Lawyers Getting a divorce or legal separation is stressful. It’s a time when you are likely to have many questions about what path to take to avoid any long-term negative repercussions. In this time, our Barrie Family Lawyers are invaluable resources for support and peace-of-mind. Our legal team will work with you to ensure that you receive the

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Family Law

Family Lawyers Richmond Hill

Richmond Hill Family Lawyers During a divorce or separation it is common to deal with uncertainty or have many unanswered questions about your best course of action. Forming an alliance with the Richmond Hill Family Lawyers at Epstein & Associates gives you access to a wealth of extensive knowledge on everything pertaining to divorce, separation, child custody and other family

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Family Law

Family Law

Trusted Family Law Attorney Working with our experienced family lawyers in Newmarket, Richmond Hill, Mississauga or Barrie you can rest assured that your advocate is nearby and available for you.  We urge our clients to get to know the family lawyers they are hiring as it is imperative that you find the right fit for your specific situation. If you

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A woman considering her credit rating after getting a divorce

Will getting a divorce ruin my credit rating?

It’s well-known that a divorce has the potential to substantially affect your financial situation. Depending on the nature of the split, you may be required to give up assets as part of the property division process and you could be required to pays support payments on an ongoing basis. But how does all of this impact your credit rating? Will

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Collaborative Family Law

Collaborative Family Law in Richmond Hill

Richmond Hill Collaborative Family Law Cooperation instead of confrontation – that’s the approach that Epstein & Associates Richmond Hill Collaborative Family Law Lawyers use to bring a peaceful resolution to your legal situation. This unique approach prioritizes mutually beneficial solutions over animosity. The collaborative family law lawyers at Epstein & Associates in Richmond Hill are uniquely trained to work with you

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Collaborative Family Law

Collaborative Family Law in Newmarket

Newmarket Collaborative Family Law Our Newmarket Collaborative Family Law Lawyers are trained to help you reach a final agreement without having to spend extra time and hard-earned money toiling in the court system. The Collaborative Family Law approach focuses on working together to discover mutually beneficial outcomes for child and spousal support, division of property and other important agreements. This collaborative

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A couple struggling to communicate in the right way during a divorce

Important Communication Tips for when you are going through a Divorce

The end of a relationship or marriage can be the start of some understandably stormy times. Depending on the cause of the split and the level of amicability that remains between both parties, talking with one another to hammer out details of spousal support, child custody, property division and more can be a tricky business. While emotions run high, it’s

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A man holds his head and thinks about the different options for getting a divorce

What different routes can I take to get a divorce?

If you, or someone you know, is about to go through a divorce it’s important to be familiar with the different options you have. Hollywood movies often show divorces as lengthy and difficult court trials, but depending on the nature of your relationship, it is possible to choose from a number of approaches to successfully bring an end to your

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A common law couple thinking about what rights they have

What rights do I have as a common law spouse?

A common law relationship is one where partners live together but are not legally married to one another for a specific period of time. If this partnership should come to an end, couples who live together in common law relationships have many, but not all, of the same legal rights as married partners. What laws apply to common-law relationships? The

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A pile of documents about a family law dispute placed on a table in a lawyer's offce

What documents should I be prepared to bring to my family lawyer?

If you’ve made the decision to get in touch with a family lawyer for a consultation, it may initially be intimidating to try to prepare for the appointment. Chances are you’re experiencing some emotional stress and the task of organising and preparing all the necessary documents won’t help to reduce that stress. Fortunately, we’ve prepared a quick rundown of the

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A stack of divorce files

How Long Does it Take to Get a Divorce in Ontario?

A common question for someone who is involved in or considering divorce in Ontario is how long the process will take. Unfortunately, there is no clear cut answer – no two cases are the same and each requires the same dedication and attention in order to guarantee that the legal rights of both parties are protected. But since “it depends”

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Case Review: The First Family First Principle in Divorce Cases

In the recent Divisional Court decision, Dean v. Dean 2016 ONSC 4298, Justice Hoskins reiterated the first-family-first principle, which stands for the idea that obligation to the first family takes priority, and obligations to a second family must be considered in context. Vesna Dean and James Dean were married for 13 years and separated in 2006 with no children of

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Case Review: Divorce and the Matrimonial Home

Did your former spouse purchase your matrimonial home prior to your marriage? A recent Court of Appeal decision reinforces the family law Rule regarding debts incurred to secure or improve a matrimonial home. The case, Fielding v. Fielding, involved two accomplished surgeons. Over the years they had gone to litigation over a number of issues pertaining to custody, spousal support,

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Divorce and Separation

Litigation Lawyers

Litigation Lawyers In the family law context, litigation can involve either of the Family Court (at the Superior Court of Justice), the Superior Court of Justice, and/or the Ontario Court of Justice, depending on the nature of the outstanding issues. Court appearances in a family law matter may involve case conference, settlement conferences, motions (if necessary), trial management conferences and,

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Divorce and Separation

Property Division

Property Division In the Family Law Context, Property Division Refers to Everything from Real Estate to Pensions. If you are facing divorce, you need to know how your assets and your debts will be affected by the breakup of your relationship, and whether you or your spouse will be able to make a claim for any property on which you

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Divorce and Separation

Child Custody & Access Lawyers

Child Custody & Access Lawyers Child Custody and Access Matters in Newmarket & Barrie Can Be Resolved Through Negotiation Or Via the Courts. Either way, they are often fraught with tension and conflict. It is essential that you have a lawyer on your side who will work with you to keep your expectations reasonable and your position workable. Important considerations

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Divorce and Separation

Separation Agreements

Separation Agreements The best and most viable alternative to a protracted divorce conducted through the courts is for separating parties (be they married or common law) to draft a Separation Agreement that will, ideally, address all of the outstanding issues arising from the dissolution of the marriage, including but not limited to, division of property, child and spousal support, and

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Divorce and Separation

Marital Contracts & Agreements

Marital Contracts & Agreements Whether you are starting or ending a relationship or marriage, a contract is an ideal vehicle for protecting your rights and interests. A domestic contract, commonly known as a “pre-nup” is an invaluable tool in family law, and something that will save you stress, time, and money should your relationship come to an end. A domestic

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FAQs

Divorce & Separation Collaborative Family Law Real Estate Wills & Estates Divorce & Separation What is the difference between separation and divorce? A separation occurs when a couple decides to live apart, or separate and apart under the same roof and their relationship has broken down. Married or common-law spouses may separate. A divorce occurs when the Court officially ends

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Divorce and Separation

Divorce & Separation

Trusted Divorce Lawyers Working with our experienced divorce lawyers in Newmarket, Mississauga, Richmond Hill or Barrie, you can rest assured that your advocate is nearby and available for you. We urge our clients to get to know the divorce attorneys they are hiring as it is imperative that you find the right fit for your specific situation. If you are

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Services

Mediation Mediation Family mediation is the go-to choice for couples who are looking for an amicable separation that is less costly than litigation Learn More Estate Litigation Estate Litigation When administering an estate, there is the potential for uncertainties, disputes or misinterpretations from the different parties involved Learn More Divorce & Separation Divorce & Separation Our divorce & separation services

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Important issues pertaining to common-law relationships

Many Ontario residents may possess uncertainties about the status of their common-law relationship as well as the extent of their rights should the relationship come to an end. Differing provincial laws throughout Canada may be a source of confusion regarding certain legal aspects of these relationships.   For instance, Ontario couples in common-law relationships may be unclear about how the

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Professional help during family law disputes

Ontario parents who go through separations and divorces have many questions about their familial responsibilities and rights in the aftermath of their legal splits.   Although family law is well codified, the sheer volume of regulations can work against those who lack the familiarity or time needed to navigate the process. Our firm works hard to help client through negotiations

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Domestic contracts are not always held up by the court

Section 56(4) of the Family Law Act (FLA) sets out the circumstances under which a court may set aside a domestic contract or a provision in it.  In Cramer v Cramer the court set aside two provisions of the parties’ domestic contract that they had made together at their kitchen table. The first provision concerned the wife’s release of her

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Help for women during divorce

While divorce is often difficult for most Ontario individuals, it can be harder on women. Women may have financial difficulty during the divorce process because they may not have their own income, but their household itself may have too much income to qualify for free legal assistance.   There are several steps that women can take when they know divorce

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Laws regarding divorce and separation

For all couples, including those who reside in Ontario, divorce can be a complicated web of laws involving federal, provincial and territorial statutes. Provincial or territorial laws can create a specific process that governs how a couple can get a divorce. Laws of this nature also concern custody, parenting plans, alimony, child support and legal separations.   This can make

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Child custody and the role of courts in Ontario

There are very few people in Barrie who would say that divorce is easy. While some people are able to end relationships on good terms with their exes, the more serious the relationship, the harder it may be to really separate and divorce. Not only do spouses need to divide their shared property and potentially establish spousal support payments, but

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How can Collaborative Family Law help you achieve an amicable divorce?

Emotional support meets legal guidance Divorce.  Just the word itself conjures negative connotations; bitter custody battles, financial disputes, lengthy litigation and emotions ranging from fear to anger. In essence, a bitter divorce trial can pose as the battleground for your legal rights; child support, spousal support, visitation rights, and the division of property. The only viable option may seem to

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