If you’re going through divorce in Ontario, then you have a variety of choices to make, not the least of which is the process by which you end the marriage. Many spouses go to court to litigate, and this process may be the only truly effective way to resolve your disputes and protect your rights and interests, including your interest in the matrimonial home. However,…
In Ontario, the Family Law Act provides rules for how property will be divided between legally married spouses who are going through divorce. However, the Family Law Act does not apply if you and the party from whom you’re splitting were in a common-law relationship. There is also no absolute test for proving that an individual is a common-law spouse, but there are situations in…
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 Ontario, married and common law couples who are splitting up can create and sign separation agreements. These agreements can address a wide variety of issues. Today let’s discuss spousal support. When deciding whether or not spousal support should be paid, it is important that each spouse or common law partner has a lawyer. The Spousal Support Advisory Guidelines that are used in Ontario are…
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…
Each province in Canada has its own laws regarding the division of matrimonial property at divorce. In Ontario, the Family Law Act is the applicable law for dividing property between divorcing spouses. The law provides that each spouse can keep his or her own property, but any increase in property value during the course of the marriage will be shared between the parties. When a…