In Gallacher v. Friesen, the parties cohabited in 2007 and until November 20, 2012. The parties have one child together. In 2008, the Respondent mother asked the Appellant father to sign a domestic contract, which gave up his rights to make property claims against the Respondent mother. The Appellant father took the contract to a lawyer for legal advice and
Helping you build strong relationships with your ex-spouse and your children Co-parenting can help meet the challenge of creating two new households after separation and divorce At Epstein & Associates in Barrie, Ontario, we know that divorce or separation is much more than an event. It’s a process and an often challenging one at that, especially when children are involved.
Let Barrie real estate lawyers at Epstein & Associates help you close the deal Earlier this month, MoneySense Magazine released a report of the top cities to buy real estate in Canada. Based on value, momentum in the marketplace, the economy and rental income potential, Barrie, Ontario ranked in the top 10. The report considered a number of elements including
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 is granted often depends on the efforts made by the payor to mitigate job loss. As confirmed in Tillmanns v. Tillmanns on November 21, 2014, the Ontario Superior Court held
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 is taken before taxes are figured, may differ from adjusting the total income amount reported on line 150 of the income tax form using child support worksheets provided for that
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 parenting time with the idea that it is in the best interests of the child to have liberal contact with both parents. In determining how much parenting time each parent
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 challenging when the custodial parent wishes to move to another part of the country. Such moves can significantly change the child’s quality of life and impact their relationship with the
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, they may not have the cordial disposition to come to an agreement about anything. However, many couples have been able to come together and create a divorce agreement that is
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
Ontarians who are planning to adopt a child have a few different kinds of adoption available to them. First, parents can choose to adopt a child locally or internationally. The other thing parents can decide is whether they would like to adopt a child through a public or private adoption process. Parents who are hoping to adopt a newborn baby
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 not adopted, a non-parent may seek custody of the child. Securing a custody order is important for non-parents because it provides proof of custody when the child needs to
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
Selecting an experienced Newmarket Real Estate Lawyer has never been easier! Buying a house is one of the biggest financial commitments and most significant transactions you will make during your lifetime. An agreement of purchase and sale is the stepping stone to home ownership and therefore one of the most significant legal documents that will include your signature. Real estate transactions are frequently
Unmarried couples who are living together in Ontario may not be aware of the potential divorce-like problems that can arise when common-law relationships come to an end. In short, a common-law relationship is defined as a heterosexual or homosexual couple who have lived together in a relationship that resembles marriage for a minimum of 36 consecutive months, without any major
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 Maintenance Enforcement Program, which in Ontario is the Family Responsibility Office, that provides direct assistance to parents in such matters. The FRO and the federal government typically cooperate with
For divorcing parents in Ontario, agreeing to a parenting plan can sometimes be one of the most challenging aspects of ending a marriage. As a last resort, the couple might decide to resolve their differences in court. However, other options might be available before they take the matter before a judge. Some parents decide to negotiate their case with
Supervised access may be an option for Ontario parents who worry about their safety or if the safety of a child is in question. For example, a non-custodial parent may have a drug problem or a mental health issue. Having supervised visits allows the non-custodial parent to visit the child while protecting the best interests of the child. Supervised
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 may be split up between a couple, and the rules for married and common-law couples are different. The division of assets for married couples is based on the Family Law
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 much time the child will spend with each parent and who will be in charge of making choices about the child’s upbringing. These decisions will be put into a parenting
Approach #1: The Conditional Gift In the first approach, courts have treated the engagement ring as a conditional gift. Whether it must be returned in the event of a breakup will depend on who ends it. If it’s the donor, the donee keeps the ring. If the donee ended the engagement, the donor is entitled to demand the ring back.
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 husband has two children from a previous marriage and the children live with him half of the time. He does not pay any child support for them but will have
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 impact of the loss of assets that were jointly shared. The Federal Divorce Act governs divorce in Canada, and asset division is governed provincially. Asset division is decided according
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 that is equitable to both parties and provides for the child’s best interests. Some parents may not realize that child custody refers to an individual’s decision making ability regarding
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
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 need to decide what happens to their home. This is usually addressed through one spouse buying out the other, for which they will need an appraisal of the home’s worth,
When a marriage ends, a couple in Ontario often has an idea that their relationship is beginning to fall apart. However, in some cases, one party is taken completely by surprise as the other person suddenly leaves the family home with no warning of any type. The party who is left in the residence needs to be prepared and
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
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, sadness, hurt, or relief. Grieving is essential to the healing process which can help individuals let go of an ended relationship. Talk to someone trusted about what you are going
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 both working on opposite ends of the country, they only saw each other twice while they were dating. The two married in 2003 and occasionally worked together in several
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 complex personal matters. Divorces can require negotiation as couples attempt to resolve property division and issues related to their children, such as visitation, custody and support. While technology has
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 children of divorce (ACOD) are a fast growing phenomenon. Children often struggle with challenges associated with their parents’ separation, regardless of age. It’s important not to underestimate, or assume, how
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 same roof. If a couple chooses to live apart under the same roof, the courts generally require evidence that the parties are living independently of each other, while sharing a
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 trend among Canadians. Reports suggest that there has been a gradual increase in the divorce rate among Canadian men age 50-54; from 7.2% in 1985 to 11% in 2005; the
Epstein & Associates is proud to announce the opening of its new office in BARRIE, ON Effective February 1, 2014 we will be available to assist clients at 115 Collier Street at the SW corner of Collier Street and Poyntz Street. We can be reached at 705-720-2210.
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
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 to make important decisions, including how to divide your property, whether one of you will need support from the other and who your children will live with and when they
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 did not seek help with their relationships issues. Of the 867 people surveyed who had gone through divorce and or separation, almost one-third said their biggest regret of dissolving their
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 must pay it. The term “parent” does not refer only to biological parents. Parents might be adoptive parents or stepparents. They might also have acted in a parental role
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 with children and 32% of families in Canada are married with children, according to the Vanier Institute of the Family. Research shows that cohabitation is a popular choice for young
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 with divorce and separation is also a process. It will take time to emotionally digest everything that is going on in your family. But one of the core aspects that
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, often accompanied by a period of adjustment and, in most cases, a grieving process. Separation affects not only the couple going through a divorce but your children, family, friends and
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 hostility associated with divorce then yes, collaborative divorce is right for you. Negotiated divorce such as collaborative divorce can save separating partners time, money and additional emotional stress. Divorce proceedings
Keeping your assets protected in a common-law relationship Over the past decade, divorce trends have been decreasing worldwide. Despite a growing Canadian population overall, fewer marriages and more cohabitation is a rising trend in Canada. Census data reports that common-law relationships rose by 13.9% and lone-parent families’ rose by 8% from 2006 to 2011. Family law lawyers at Epstein &
Advice from a Lawyer: The Best Way to Divorce In Ontario, over a one year period ending in the spring of 2013, there were 30,254 divorce cases started in the Superior Court of Justice. A typical divorce through the Court system can take two years, costs tens of thousands of dollars, is emotionally draining because it brings out the worst
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 protections for the accused’s spouse have been used to grant protection only to married spouses. In R v Hall the constitutionality of excluding common law spouses from this protection was
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 both partners will spend a great deal of time and energy processing not only emotions but also divorce forms and applications to initiate the process. In Ontario, there is a
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 ending of which has inherent ramifications on partners and family life. While legal separation and legal divorce sound similar, it is important to understand that unlike divorce, legal separation does
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. A divorce lawyer can provide you with the guidance that you will need to get through your separation. There are also quite a few divorce trends that are taking place
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 unions are on the rise. According to Statistics Canada, in 2008 there were over 70,000 divorces in Canada; which is 5% more than in 2002. Ending a marriage is not
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 law project on Monday, July 22, 2013. The press release concluded that since 2010 there have been several reforms to improve family law procedures however, individuals who are facing family
Is Collaborative Divorce The Right Way To Go? Divorce time does not necessarily mean war time. Despite the depth of the differences that might have forced you to end your relationship, you still deserve a dignified separation. If you are an Ontario resident, you can consult a divorce lawyer who will help you to work through the issues you need
The general proposition in family law is that the value of any kind of property that was acquired by a spouse during the marriage and still exists at separation must be divided equally between the spouses. Despite this, the courts have the power to order an unequal division of net family property where it would be inordinately inequitable to do otherwise. This
Under Ontario law, upon separation married spouses are entitled to an equal share of the value of the wealth accumulated by both parties during the marriage. There are exceptions, however. The value of certain property, including a gift received by a spouse, is excluded from sharing. In McNamee v. McNamee, 2011 ONCA 533 (add’l reasons at 2011 ONSC 575) the
