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
In the aftermath of a bitter divorce, it is possible for your ex to decide to take the law into their own hands and deny you access to your children.
When it comes to questions of child custody and visitation rights, a woman, as a mother, has no more legal rights than a man, as a father. In the past,
This is a question that a person in a troublesome relationship may ask. Maybe things aren’t working out and neither partner still feels a connection … or maybe things are
Getting a divorce often means that you can expect to face significant financial upheaval and uncertainty. This can be made even more serious if your ex is involved in financial
There is no law distinguishing the rights of a man, as a father, and a woman, as a mother, when it comes to questions of child custody and visitation rights.
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
Divorces can get expensive. In the interest of saving money, you may start thinking about whether you can share a lawyer with your ex – or if you can simply
For some people, the idea of trying to peacefully terminate their relationship with their ex simply isn’t an option. Their idea of divorce is as a no holds barred slugfest,
Maybe you’re thinking about getting a divorce, or maybe you’re already right in the thick of things. Either way, your mind is racing and your world is spinning. You’re looking
A separation agreement is a contract that determines rights and responsibilities for separating spouses. It is a legally-binding contract and both partners must adhere to the conditions within it. However,
Over the course of your working life you will contribute a lot of money within your pension. If your relationship has soured, and it looks like things are coming to
Amber Heard and Johnny Depp made headlines around the world during their reportedly “Shockingly Ugly Divorce” proceedings involving allegations of spousal abuse, applications for restraining orders and allegations of abuse
There are some things that you simply shouldn’t do when you get a divorce. Some of the items on this list are common sense; some might be a bit less
If someone is considering divorce, it is important to fully understand the different situations and terms that are involved. One question that comes up often is whether or not there
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
Following a separation or divorce, it may happen that the parents decide to transfer custody of their child or children. There could be many reasons for why the parents agree
Holiday planning should never be left to the last minute. Fixed access schedules, which are commonly used in family law, can be quite contentious and unexpected problems can arise, particularly
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
Collaborative Family Law is an approach where both parties work together through a resolution process along with their legal representatives. This can often be preferable to slugging out all the
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
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
The rise of technology has increased the number of ways that evidence can be gathered to suggest someone’s state of mind or intentions in the years, months and weeks leading
Amidst the decisions that need to be made before and during a divorce, one potentially perplexing question is about who gets the family pet. It is common that both separating
The federal and provincial governments heavily regulate investments, pensions and RRSPs. The division of these assets during separation can be very challenging as the parties do not want to engage
Parties in a divorce often go to great lengths to ensure they are treated fairly when dividing assets. The New York Post recently reported that Gabriel Villa took it one step
In many divorce cases, it is clear to both parties what is coming. Sometimes, however, it blindsides a party and leaves the other side unprepared. If you sense that you
According to Canadian Lawyer Magazine, the national average cost in legal fees for a five day family law trial is approximately $35,950. While complex legal issues may sometimes require a
As our society ages, we are living longer and healthier lives. We constantly see increasing applications from grandparents for custodial rights or access applications to have legally defined roles in
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
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
You’ve just found out that a close friend or family member is getting a divorce. Naturally, you want to help out any way you can – perhaps by offering encouragement
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
Maybe the idea has been rolling around in your mind for some time, or maybe a recent event has suddenly opened your eyes to the need to get a divorce.
You’ve tried everything and it still isn’t working out. Although nobody has said the word yet, it seems that divorce is inevitable. This is an important time for preparing for
When it becomes apparent that you are going to need to get a divorce, you will inevitably have a lot of questions on your mind. One of these questions might
If a couple decides that their relationship has reached a point where there is no possibility of reconciliation, they must then decide how best to terminate their marriage. The options
Ending a marriage in Canada isn’t something that can be done at a moments notice; there are certain conditions, or “grounds for divorce”, that must be met. The parties involved
Once you and your spouse have made the decision to separate, drawing up a separation agreement is an important step for resolving uncertainties and settling potential disputes. The advantage of
The home is often the largest asset that needs to be divided up after the breakdown of a relationship. Because of this, there is quite a bit of interest over
Emotions can be very high before and during a divorce. During this time period, it may be tempting to vent some of your anger or frustration online about your soon-to-be-ex.
Section 5(6) of the Family Law Act provides: (6) The court may award a spouse an amount that is more or less than half the difference between the net family
In Ene v. Ene the parties were married in 1990 and separated in 2014. There are two children of the marriage, two daughters, aged fifteen and four. Following the separation,
It appears our southern neighbours may be taking the lead in bringing custody and access arrangements in line with modern times. At least ten states are discussing child and custody
Where there is an existing child support agreement and a payor is subsequently laid off, the payor can seek to decrease monthly child support payments. Whether or not a decrease
Ontario residents who will be paying child support or whose incomes need to be reported for purposes of child support calculation must determine their annual disposable income. This amount, which
When a court determines child custody, the judge will also normally issue parenting time orders if the parents have been unable to come to an agreement. Generally, courts approach
Sharing child custody can always be difficult, especially when both parents want to maximize the amount of time they spend with the child. However, custody can be even more
According to Statistics Canada, approximately four out of 10 marriages in Canada will end in divorce. By the time a couple has made the difficult decision to dissolve their marriage,
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
While this particular blog post is not intended to provide legal advice, it may remind divorcing couples in Ontario of the fact that parents are obligated by the law to
Sometimes, there are special circumstances in which the parents of a child are unable to provide care. If an Ontario court does not declare a parent or the child is
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
Some Ontario residents may be interested in learning more about how to enforce a child support order that was issued as a result of their divorce. It is the provincial
When a married couple decides to get a divorce in Ontario, there is some basic information that they should know. Part of this is whether they need to live separately
In Lewis v. Adesanya the court allowed the mother’s motion, dated September 2013, for a variation of child support retroactive to the date of the previous March 2012 order. The
When a married or common-law couple chooses to end their relationship, property division laws determine how assets will be divided following a breakup or divorce. Both debts and assets
In addition to determining issues related to property division, when Ontario parents divorce, they will also need to come to an agreement about how their child will be raised, how
In Senos v. Karcz, the Court of Appeal allowed a father’s motion to change his support payments to reflect his adult son’s receipt of the Ontario Disability Support Plant Act,
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
Individuals who are facing a divorce with children may wish to know how child support payment amounts are calculated in Ontario. The amount that will be owed by the payor
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
Ontario couples who are seeking a divorce may be interested in some information about what requirements must be met before ending a marriage. In addition to the marriage issues, the
How Social media use can Impact the Strength of your Marriage and what you can do about it You would be hard pressed to find someone who isn’t active on
An Ontario lawyer is asking the Crown to investigate a child custody case that is keeping the child’s mother in jail for refusing to bring her child home from China.
In Meidell v Meidell at issue was the quantum and duration of spousal support that the husband must pay to the wife. The parties were married for eleven years. The
Couples in Ontario whose marriages are ending in divorce need to prepare themselves for the financial ramifications of the process. This includes both the cost of the divorce and the
In Children’s Aid Society of Ottawa v T the court considered who should have custody of the child. The child has been subject to a number of custody changes since
Ontario residents might be interested in a recent article discussing some of the difficulties a divorcing couple might face when considering the family home. When attempting to determine ownership during
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
Ontario couples who are considering divorce may not be aware of the basics of child custody and access laws. Understanding these laws may help them work toward a parenting plan
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
A divorce can be emotionally draining as the couple evaluates their assets and divides them accordingly. In addition to dividing such things as furniture and bank accounts, they will
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
Animal lovers in Ontario may think of their animal companions as part of their families, but in the eyes of family law courts, pets are actually considered possessions no different
Mourn the loss of the relationship The loss of companionship and the loss of support; financial, social, emotional or otherwise, may produce an overwhelming number of conflicting feelings like anger,
Beginning in 2000, Ontario native Will Arnett and Amy Poehler had a relationship that extended for 12 years. Arnette joked in 2007 that due to their work schedules, with them
Someone in Ontario who is considering ending his or her marriage might look online at a do-it-yourself kit, but that might not be the best option when trying to resolve
With the trend of grey divorce rising in Canada, adult children of long-time married couples are frequently shocked and unprepared for the news of their parents divorcing and separating. Adult
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
In Canada, separation is official when spouses choose to stop living together. In this situation, a couple may choose to live separately or to live separate and apart under the
A growing number of Canadians 50 years of age and older are getting a ‘grey divorce’ or ‘silver separation.’ These terms refer to the later-life separations that are an emerging
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
Before an amount and duration of spousal support can be awarded, a court must first find that there is basis on which a spouse is entitled to spousal support. In
If you are going through a separation with your spouse in Ontario, both of you are most likely dealing with strong emotions. In the midst of everything, you still need
A recent survey by Seddons, a U.K. law practice, revealed that divorced couple’s biggest regret is the impact that it had on their children, although nearly 79% of those surveyed
Couples in Ontario who are separating or divorcing may wonder how child support is assessed. In fact, it can be complex because it is not necessarily only biological parents who
As common-law relationships continue to become a bigger trend in Canadian demographics, it is important to consider the intricacies that cohabitation poses to children. 7% of families are common-law
The financial implications of divorce are oftentimes black and white. A divorce costs money and takes time – two variables that are sometimes unpredictable. The emotional and psychological upheaval associated
When one’s mind is clouded by emotion, anger, or fear associated with divorce, the decision-making process isn’t as effective as it would normally be. Divorce is a time of change,
Collaborative family law is an effective approach to creating a win-win settlement If you are hoping to maintain a civilized separation and use an approach that will help minimize the
Section 4 of the Canada Evidence Act provides that the spouse of the accused is not a competent witness for the Crown. Until recently, this provision and related common law
When couple’s therapy sessions or trial separation fails to rekindle a marriage, divorce may be the appropriate solution to marital conflict. If this is the outcome, it is likely that
Knowing a relationship must come to an end for the well-being of either partner or a family, is overwhelming. A marriage is predicated on a perceived level of permanency; the
Children’s language of education should be taken into account when determining their best interests in the context of a Family Law action In Perron v Perron, at issue was what
A Severance Package is only Property in Family Law matters when it has Crystallized The definition of property under s. 4(1) of the Family Law Act states that property means
You may be one of many people out there who is considering separating from their spouse or partner. If you are, you should consider working with an Ontario divorce attorney.
In Canada, over one third of all family law cases are divorce cases. The proportion of married couples has been steadily decreasing over the last two centuries, while common law
The dissolution of a marriage or the ending of a partnership is often marked by emotional stress and worry. A myriad of decisions need to be made regarding finances, living
A mediated option of resolving disputes, saving costs and achieving higher satisfaction with the outcome of divorce The Law Commission of Ontario (LCO) released its final report in its family
