When a couple divorces in Ontario, the law presumes that each party contributed equally to the marriage. This recognition of equal contribution is particularly important in matters of property division. The law also presumes that the value of matrimonial property, which is generally property that was acquired during the marriage and before separation, will be shared equally. Property that you owned prior to the marriage…
If you and your spouse own a home and you’re going through divorce, then you have a number of options to weigh with regard to the property. Should you negotiate to buy your spouse’s share? Or does it make more economic sense to sell your share of the home and access your equity now? While every person’s situation is different, in most cases, buying out…
While no one can predict the future with absolute certainty, it is possible in divorce and separation agreements to anticipate what might happen and plan accordingly. Your personal interest and your family’s interests may be at stake, so it is crucial that you have a written separation agreement that is enforceable in court. The agreement you sign with your spouse can be negotiated to address…
Generally, in Ontario, for a divorce to be completed, the spouses must have been separated for at least a year. The divorce process can start before the year is up, but in most cases, the process is not completed until a year has passed. There are exceptions, however. In cases involving adultery or domestic abuse, the divorce may be granted by the court at any…
Establishing an appropriate child support plan can be a complicated process. Parents can come to an agreement outside of court, or they can ask a judge to make a child support order based on the formulas provided in the Child Support Guidelines. In any case, to ensure that a child support agreement is enforceable, it is important to put it in writing. The amount of…
In negotiating to settle a divorce in Ontario, the objective is to arrive at a written agreement that protects your rights now and in the future. You don’t want surprises regarding your children, finances or the matrimonial home. To eliminate uncertainties, the proper mechanisms should be built into the language of the agreement so that it will be enforceable in court and other areas of…