Latest News

How are Finances Distributed Following an Ontario Divorce?

The dissolution of a marriage is always challenging. One of the most uncomfortable parts of a divorce for many couples is the division of the assets they acquired during the marriage. Many people wonder what their finances will look like following a divorce.

The Ontario Family Law Act recognizes that both members of the marriage partnership are responsible for an equal contribution to the family’s finances, regardless of whether one partner was primarily engaged in running the household or the other was a higher earner. Ontario’s property division laws aim to ensure that both individuals exit the divorce with a relatively equal share of the assets jointly acquired during the marriage. However, reaching this equal division of property can be a confusing process for divorced couples. An experienced divorce lawyer can outline how the equalization process works, which assets are subject to division, and under what circumstances an unequal division of assets may be necessary.

What is a Net Family Property (NFP) Calculation?

Before the division of assets can begin, you and your spouse must determine the value of what you own and how much debt you have. A Net Family Property (NFP) calculation, made by filling out Form 13.1, takes you through the process of adding up what you owned in assets on the day you separated from your spouse, then subtracting your debts from that amount.

If you had assets or debts at the time you were married, the value of those items would remain with you after your divorce unless you have an agreement, such as a prenup, that states otherwise.

What May Be Excluded From the NFP?

Some items do not need to be part of the NFP calculations because they are considered personal property instead of jointly owned property. It is the responsibility of the individual requesting the exclusion of items to prove that they meet the necessary criteria. Items potentially eligible for exclusion from NFP include:

• Inheritances or gifts given to you that were kept separate from your marital assets.
• Insurance or personal injury settlement payments.
• Items that you and your spouse agreed not to include in the NFP through a domestic contract.

Keep in mind that an inherited home loses its exclusion once you and your spouse live in it together. At that point, it becomes a marital home. Even if it is a cabin or vacation home, it could be considered a marital home if you spent time in it with your spouse.

How Is the NFP Used to Split Finances?

In most cases, one spouse’s NFP will be higher than the other’s. This may be because they had more earnings or opportunities for investments during the marriage. Through Ontario’s equalization legislation, the spouse with the higher NFP will be responsible for making an “equalization payment” to the other spouse. This payment is generally half the difference between the two NFPs. For example, if one spouse had an NFP of $100,000 and the other had $80,000, then the individual with the higher NFP would be ordered to make a payment of $10,000 to equalize the amounts.

How Is the Ownership of a Matrimonial Home Handled Following a Divorce?

For many couples, their most significant asset is their home. The matrimonial home is given special status under Ontario law and handled differently than other assets, in deference to its importance. A matrimonial home is any residence where you and your spouse lived as a family at the date of separation. This can include both your primary residence and any vacation homes you may own. 

Under the law, both spouses have an equal possessory right to the matrimonial home. In most circumstances, you will both retain access to the home until you can come to an agreement about how to split it or a judge rules on the case. A judge may grant exclusive possession (access) to one spouse but often requires payments to be made to the other spouse in lieu of possession. When making rulings regarding control of the home, the judge will consider many factors, including:

• The best interests of any children involved.
• Both spouses’ finances.
• Availability and affordability of other housing.
• Written legal agreements made by the couple.
• Whether violence has been committed against the spouse or children by the other spouse, which could make sharing the home unsafe.

Are Finances Always Split Equally?

While the Family Law Act aims to keep the division of assets as equal as possible, there may be situations where a 50/50 split is unreasonable. Under certain exceptional circumstances, the court may allow an unequal distribution of property.

Examples of qualifying conditions may include:

• One spouse incurred massive debts due to gambling, substance abuse, or bad faith actions that significantly reduced their NFP.
• A valid prenuptial agreement exists that outlines how property should be distributed following a divorce.
• One partner attempted to sell off property or otherwise intentionally reduced their NFP to avoid making an equalization payment.
• One individual was subject to financial abuse during the course of the marriage.
• The spouses were in the marriage for less than five years, and the value of the equalization payment would be unreasonably large, considering the length of the partnership.
• One spouse had large, undisclosed debts at the time of the marriage, which impacted the couple’s finances.

How Can an Experienced Divorce Lawyer Help You?

Dividing your property after a divorce can feel daunting. Unfortunately, tensions can rise as couples go through the process of tallying up assets and debts and calculating their NFP. For those with higher-value assets, family owned businesses, or international properties, the situation can become even more complicated. At Anthony Family Law, our skilled lawyers can address your concerns and help you navigate all aspects of your divorce. Contact our law firm today to schedule a free case evaluation and get the solid legal guidance you deserve: 647-933-2397.

How Can Ontario’s Spousal Support Advisory Guidelines Impact You if You Are Ending a Long-Term Marriage?

The end of a marriage is a challenging time, and there are many legal issues to consider, including spousal support obligations. Spousal support, also known as alimony, can be awarded following any divorce, but Ontario’s guidelines for the duration and amount of support are different for marriages lasting over 20 years. The court also makes special considerations based on the age of the support recipient at the time of the divorce, known as the “rule of 65.” If either of these circumstances apply, indefinite spousal support may be awarded. An experienced Ontario spousal support  lawyer can explain how these guidelines are used and what indefinite support can mean for your financial future.

What is Indefinite Spousal Support?

Many people think that an order of indefinite spousal support will result in payments that last for the rest of the recipient’s life. However, this is rarely the case. When the court awards indefinite spousal support, they are simply refraining from placing an end date on the payments at the time the support agreement is made. Indefinite spousal support is not generally meant to be permanent, and the support payments are still subject to the variation and review process.

If circumstances change for either party, for example, if the payor retires and experiences a decrease in income, the spousal support award can be reviewed and the payments adjusted or terminated. The court may also set an end date or modify the support payments if the recipient remarries, becomes self-sufficient, or has an increase in income. To lessen the confusion about the meaning of indefinite spousal support, it is often called “indefinite (duration not specified) support.”

How can an Individual Qualify for Indefinite Spousal Support?

Spousal support is meant to provide financial assistance to a spouse following a divorce to allow them the opportunity to achieve financial stability and independence. The amount and duration of spousal support depends upon several factors, such as:

• The age and number of children you share, if any.
• Your parenting time arrangement.
• The length of your marriage.
• How old you are at the time of divorce.
• The financial status of both parties.
• Whether one party has a disadvantage in their earning capacity.
• The spouse’s contributions to the marriage and the couple’s joint finances.
• One party’s financial need and the other party’s ability to pay.

In many cases, spousal support is a time-limited solution that gives the recipient the ability to seek employment, training, or other means of self-sufficiency. However, each situation is different, and there are cases where a more extended support period is necessary. Ontario’s Spousal Support Advisory Guidelines (SSAG) discuss two main circumstances where indefinite spousal support may be appropriate.

Marriages Lasting Over 20 Years

The SSAG recommends indefinite support in cases where the marriage has lasted 20 years or longer. The challenges of finding financial stability as a single person following a lengthy marriage may be significant, as it can be harder for older individuals to find well-paying positions within the workforce.

In long-term marriages, it is also more likely that one party spent more time child-rearing or tending to household duties instead of pursuing a career, and they will suffer financial hardships while trying to become self-supporting after the marriage.

The Rule of 65

The “rule of 65” takes into account not only the duration of the marriage but the individual’s age at the time of the separation. It allows for indefinite support in cases where the marriage lasted at least five years and the age of the individual plus the number of years of marriage equals or exceeds 65. For example, if a 58-year-old divorced after eight years of marriage, they would qualify for indefinite support under the rule of 65 because 58 + 8 = 66. While the duration of the support is impacted by the rule of 65, it does not necessarily affect the amount of the monthly support payment, which is governed by the income of each partner, and other factors. The support amount may also be subject to change when one or both parties reach retirement age.

Is Indefinite Spousal Support Guaranteed in Every Case Meeting These Guidelines?

It is vital to understand that the SSAG are only guidelines for determining the appropriateness of a spousal support award, not mandated laws. The court possesses significant leeway to decide what amount and duration of spousal support is suitable in each case. The court will always carefully consider whether indefinite support is necessary by considering if the individual is capable of supporting themselves in the near future, if they have the skills and physical ability to obtain and keep a job, whether they must care for children, and other variables.

Conversely, indefinite support may also be considered in cases that don’t quite meet the guidelines, such as marriages lasting just under 20 years. The recipient’s age, economic status, and ability to become self-sufficient will all play a role in the court’s ruling. The SSAG provides a starting point, but ultimately, the final decision rests with the court.

How Can an Experienced Lawyer Help You Navigate the Divorce and Spousal Support Process?

Spousal support awards and durations can vary widely. For many, these payments can make the difference between living comfortably after a divorce and facing serious financial challenges. If you are going through a divorce as an older individual or after many years of marriage, it is critical to consult with a knowledgeable spousal support lawyer who can help you understand your potential obligation or award. Contact Anthony Family Law today to speak with a skilled lawyer who can give you the personalized information and guidance you need: 647-933-2397.

How Can Your Ability to Communicate With Your Ex Impact Your Parenting Agreement?

Divorces can happen for various reasons, but it’s not uncommon for the relationship between exes to be strained following the split, even when they have children together.

Most of the time, parents in a joint parenting situation find ways to overcome their discomfort or frustration with their ex and create a communication plan for the benefit of their child. But what happens if one parent is unable or unwilling to communicate effectively about important choices affecting the child? If it is not possible to reliably communicate and make co-parenting decisions with your ex, then a joint parenting plan may not be your best option. If this is an issue you are encountering, a knowledgeable Ontario child custody lawyer can explain why seeking sole decision-making responsibility might be the right choice for you and your child.

Why is Communication So Important?

If you set up a parenting agreement where both parents have joint decision-making responsibilities, you are committing to putting aside your disagreements with your ex when it comes to making long-term choices that impact the well-being of your child. This doesn’t mean that you have to be friends with your ex or have constant communication with them, but it does mean that you need a system where you can have timely and respectful conversations about important parenting topics.

Issues that you will likely need to discuss include, but are not limited to:

• Medical treatment and health decisions
• Location and type of schooling
• Scheduling and transportation for extracurricular activities
• Choices about religious upbringing

Could Sole Decision-Making Responsibility Be in Your Child’s Best Interests if You and Your Ex Cannot Communicate?

In many cases, if your ex has demonstrated an unwillingness to discuss vital childcare topics with you, it will likely be beneficial to seek sole decision-making responsibility as part of your initial parenting agreement. Even a detailed parenting agreement cannot account for every issue that may arise, and if you are making choices jointly, you will need to have open lines of communication. If reliable communication and agreement are not possible, it can be much less disruptive for your child if only one parent is in charge of these decisions. Otherwise, there could be delays in getting medical care or making helpful changes to your child’s education plan that could negatively impact them.

Even if you attempt to create a joint parenting plan with your uncommunicative ex, you risk the possibility of the court deciding to switch to sole decision-making responsibility if it becomes clear that you are unable to make choices together. The court is bound by the Children’s Law Reform Act to create and enforce a parenting order that is in the best interests of the child. One factor that the court must consider when determining if a joint parenting agreement is appropriate is whether both parties possess the ability and willingness to communicate and cooperate on matters affecting the child. The court should never order a joint parenting plan in the hopes that it will improve communication between parents. Instead, they should consider the parents’ communication history and whether the child’s needs are being met.

Would Your Ex Still Be Able to Have Parenting Time?

Decision-making responsibility and parenting time (formerly “custody” and “access”) are two separate components of a parenting plan. Parenting time refers to having physical custody of the child and being the primary caregiver for that period. It is possible, and even highly likely, that you will share parenting time with your ex, even if you are granted sole decision-making responsibility. The court prefers to ensure that a child gets to spend time with both parents unless there is a compelling reason not to do so.

If your ex has parenting time, they will be responsible for minor day-to-day decisions affecting the child while they have physical custody. They will also have the right to request information regarding the child’s education, well-being, and other essential matters. However, as the parent with sole decision-making responsibility, you will remain in charge of major choices.

How Can You Demonstrate Your Communication Issues to the Court?

Keeping thorough documentation of your good faith communication efforts with your ex can provide you with evidence to support your decision to seek sole decision-making responsibility. Save copies of text messages, emails, voice messages, and other methods you’ve used to attempt to contact your ex about issues regarding your child.

If your ex has been combative, threatening, or has tried to manipulate aspects of your divorce agreement by withholding communication about your child, save records of this behavior and inform your divorce lawyer right away. If your ex’s communications have made you fear for your safety, contact local authorities for help.

How Can a Skilled Family Lawyer Help You?

Navigating a divorce when you have a child can be incredibly challenging. If you wish to have a successful joint parenting agreement, it is critical to work out an effective communication strategy that you can utilize when making decisions for your child post-divorce. An experienced family lawyer from Anthony Family Law can assist you with setting up a usable communication plan as part of your parenting agreement. If communication breaks down or your ex already has a history of being uncooperative, your lawyer can help you seek sole decision-making responsibility for your child to safeguard their well-being. Contact our law firm today at 647-933-2397 to learn more about the many divorce and custody services we offer.

How Can an Emergency Custody Order Help You?

In many cases, divorce can be a messy and emotional process. When minor children are involved, it can become even more complex. If you and your spouse cannot agree on a parenting plan, you may face a lengthy wait while the family court decides the outcome of your case. You may be able to file a motion for a temporary custody order to ensure your child has a stable plan in place for their care until the court makes its final ruling.

However, even a temporary custody order can take time. What if you have immediate concerns about the welfare or safety of your child? In these situations, an emergency custody motion can be brought to protect their well-being until the court can examine the situation and determine the appropriate course of action. An experienced Ontario family law lawyer can explain the situations where an emergency custody motion may be brought and what to expect if an emergency order is granted.

What is an Ex Parte or Emergency Motion?

You must follow specific procedures when bringing a motion in Ontario family court. In the majority of cases, you need to fill out the appropriate forms and serve the other party in your case with the completed forms at least six days before your motion date, and you must also file your materials with the court in advance of your motion. You then need to attend a hearing where you present your motion and evidence. The other side gets a chance to respond, and finally, the judge makes a decision on the motion.

As you can imagine, completing this entire process can take some time, and the other side is aware of what is occurring well before the hearing date. An ex parte motion, also known a motion “without notice”, is an emergency motion brought without notifying the other party or giving them a chance to tell their side of the story to the court. Because it cuts the other party out from the regular legal process, an ex parte motion is only allowed under very limited emergency circumstances, and any order made by the court is typically temporary.

Under What Circumstances Can You Request an Emergency Custody Order?

An emergency custody order should only be used in urgent circumstances where another type of order would not be appropriate. You must be prepared to present sufficient evidence to support your emergency motion, such as proof of a history of domestic abuse, threats, and/or drug abuse by the other party that could indicate a danger to your child. There are three common situations where the court will approve an emergency custody order:

• The other party poses an immediate threat to the safety and health of the child.
• The child is in imminent danger of permanent removal from the province or country by the other party.
• In the case of an ex parte motion, where serving the other party with a notice of motion could risk harm or serious consequences to you or your child.

It is critical to consult with a knowledgeable child custody lawyer before filing an emergency motion. If the judge believes your motion was unjustified, you may be ordered to pay the other party’s legal costs related to the emergency motion.

What is the Effect of an Emergency Custody Order in Ontario?

If the emergency custody order is granted, your child will be placed into your care for the duration of the order. During this period, you will have both sole parenting time and decision-making responsibilities. If the other party violates the terms of the custody order, they could face criminal charges or be charged with contempt of court.

Emergency custody orders are typically temporary. You will likely need to attend another hearing in a few weeks, where the court revisits the order and determines the best course of action going forward. The other party will be able to present their case at this later hearing, and the court will consider their evidence and arguments. Following this hearing, the court will decide whether to extend the emergency custody order or set up a new parenting plan.

Does the Court’s Approval of Your Emergency Custody Order Mean You Will Automatically Get Permanent Sole Decision-making Responsibilities for Your Child?

Emergency custody orders are used to ensure a child’s safety until the court can get more information on the situation. The court’s ruling regarding permanent custody orders may differ based on the facts in the case and what the court believes is in the child’s best interests. After an emergency custody order has been granted, the other parent has the opportunity to present their side of the story to the court and may be able to regain custody of their child on a temporary or long-term basis.

Generally, the court prefers to have both parents strongly involved in the child’s life unless significant evidence argues against the creation of some type of joint parenting plan. If you have concerns about how the court makes decisions on parenting plans or whether the other party is fit to raise a child, your lawyer can address all your questions and help you bring valid issues to the court’s attention.

What Role Can a Child Custody Lawyer Play in Securing an Emergency Custody Order?

If you and your child are in an urgent situation where a delay in receiving a custody order could have serious consequences, a child custody lawyer from Anthony Family Law can help you bring the necessary emergency motion to protect yourselves. Your Toronto child custody lawyer will ensure that your motion is well-organized and adequately supported with facts, to give you the best chance of success. They will also help you as you go forward with the custody process following the emergency order. To learn more about how we can assist you during this challenging time, contact our Toronto family law firm today at 647-933-2397.

What is the Purpose of Interim Parenting Orders?

As soon as separation occurs, parents must start to make decisions about who will have parenting time and decision-making responsibilities for their children and when they will go into effect. The Divorce Act allows the court to implement interim parenting orders while the parents figure out their long-term plans. Interim orders provide stability for children while the adults work through the divorce and/or separation process. While these interim order family court are temporary rulings, they hold the same legal enforceability as final parenting orders.

In complex cases, final determinations on parenting orders can take months or even years, so interim orders play a vital role in assigning parental responsibilities during this challenging time. If you are a parent who has recently begun the divorce process, an Ontario family law lawyer with experience in drafting parenting orders can help you ensure that you continue to play a meaningful role in your child’s life. Reach out to our law firm today to learn how we can assist you.

Why isn’t the term “custody” used regarding these orders?

In the past, interim parenting orders were known as interim parenting or temporary custody orders, and you may still hear them referred to by these terms. However, the Divorce Act has been amended in recent years to reflect an emphasis on the well-being of the children involved.

This change has resulted in updated legal terminology that centers around the child’s needs and best interests. Therefore, “access” and “custody” have been replaced with the terms “parenting time” and “decision-making responsibility” in court proceedings.

How Are Interim Parenting Orders Created?

A few different scenarios could result in the creation of interim parenting orders. The process for your particular case will depend on the complexity of your situation, whether or not you and your ex-spouse can agree on terms, and the needs of your child(ren). Unless there are unusual extenuating circumstances, most interim parenting orders can be implemented without needing a lengthy hearing.

A judge must approve any interim parenting order before it is legally enforceable in most jurisdictions. They will consider whether a proposed plan is in the child’s best interests and may make modifications as they deem necessary. Some ways an interim parenting order can be enacted include:

• Both parents agree on a parenting plan, and the judge approves it.
• The judge approves an agreed-upon plan with modifications.
• Each parent creates a plan, and the judge combines them.
• Each parent proposes a plan, and the judge accepts one parent’s plan.
• The judge makes their own interim parenting plan based on the child’s needs.

Who Can Apply for an Interim Parenting Order?

Pursuant to the Divorce Act, anyone who has applied for a parenting order is eligible to apply for an interim parenting order. Either or both spouses in the divorce proceeding can apply.

Other individuals may apply, but only if they are currently in or seeking a parental role, such as:

• Biological parent(s) not involved in the divorce or separation.
• Grandparents or other family members looking to have parental rights.
• Other individuals who have been named as a child’s legal guardian.

Why Are Interim Parenting Orders So Critical?

While interim parenting orders are technically temporary, the court often uses them as a model for the permanent parenting plan unless either side can clearly demonstrate why they should be modified. The court’s main objective is to look after the child’s well-being and protect their best interests. As such, they prefer to maintain the existing arrangement whenever possible because changing the child’s care pattern may be highly disruptive.

Due to this preference by the court, it is crucial to create an interim parenting plan that is feasible for the long term because it may be challenging to introduce significant modifications later when negotiating a final parenting plan. An experienced divorce lawyer can help you plan ahead and build a parenting agreement that is beneficial for your child and you.

What if You Disagree With the Court’s Interim Decision?

As with any court proceeding, you have the right to appeal a decision if you have valid reasons for disagreement. You must have concise documentation to support your argument and follow the appropriate legal process. However, you must remember that the court does not generally consider what is convenient or best for each parent.

Instead, they are concerned about the well-being of the child. If you have strong preferences, it is best to be thoroughly involved in the negotiation process so you can make your wishes heard and create a solid plan that does not leave the decision entirely up to the judge. Your lawyer can advise you on the next steps to take if you feel that the interim orders are not serving your child’s best interests.

How Can a Child Custody Lawyer Help You Create a Sustainable Interim Parenting Plan?

As a parent, you want what is best for your child, whether that involves a short-term agreement or a long-term plan. Maintaining stability in your child’s life throughout the divorce process can be crucial to their well-being. A solid interim parenting plan that can transition smoothly into a permanent parenting order is often beneficial to your family.

Our law firm has years of experience helping parents craft the best possible parenting plans for their children. Even if your divorce or separation was less than amicable, we can assist you in negotiating an interim parenting order that minimizes the stress and disruption for your child and paves the way for a more permanent parenting order that accounts for the needs of your family. Contact our law office today to discuss your case with a helpful Ontario family law lawyer.

What Do You Need to Know About Setting Up a Parenting Agreement in Ontario?

A parenting agreement is made after a divorce or separation involving at least one minor child. This document outlines each parent’s rights and responsibilities regarding the child’s living arrangements, important life choices, and more. In the past, these decisions were discussed in terms of physical and legal custody.

In 2019, Ontario updated the wording of its Divorce Act to reflect a greater focus on the well-being of the children involved. Now your parenting agreement will include the terms “parenting time” and “decision-making responsibility”, instead of “access” and “custody”. Understanding what these terms refer to and how they can be used to create a mutually beneficial parenting agreement is critical for newly-divorced or separated parents.

What are the Important Distinctions Between Parenting Time vs. Decision-making Responsibility?

It’s crucial to remember that parenting agreements can look different from family to family.

These differences can be distilled down to choices regarding parenting time and decision-making responsibilities.

• Parenting time: Previously referred to as access, this is the time when a parent is responsible for their child and is acting as the primary caregiver, even if the child is in school or daycare. Usually, the child is living with the parent during this period unless the agreement involves supervised parenting time, where the parent can only see their child in the presence of another party monitoring the interactions. Being allocated parenting time gives a parent the right to request information from the other parent about their child’s well-being, education, and other essential matters.
• Decision-making responsibilities: Previously referred to as custody, when a parent has decision-making responsibilities, they are allowed to have the final say on fundamental aspects of their child’s upbringing, including their cultural influences, education, medical decisions, religious affiliation, and more. These responsibilities can be shared or granted to one parent.

There is obviously an overlap between these two areas since a parent has general decision-making responsibilities for the day-to-day issues affecting the child during their parenting time. However, while either parent can make minor decisions during their parenting time, major decisions must be made by the parent with that responsibility or agreed upon by both parties if it is a joint responsibility.

If You Have Joint Parenting Time, Do You Automatically Have the Right to Equal Input on All Decisions Affecting Your Child?

Your decision-making responsibilities are not automatic and ultimately depend upon the nature of your parenting agreement. If both parents can easily agree on decisions, they may choose to share the responsibility for all decisions equally. If there are issues that one parent feels strongly about or has particular knowledge of, then the agreement may allocate different types of decisions to each parent. For example, one parent may be responsible for all choices regarding their child’s education and religious upbringing, while the other handles medical and health-related decisions.

If the court does not believe that you and your ex-spouse can effectively work together and put aside your differences to make important decisions about your child’s well-being, the court may choose to grant sole decision-making responsibility to one parent. If this happens, the other parent must still be notified of the decisions and may express opinions, but one parent will have the final say.

You can set up your parenting agreement to be as specific or open as you wish on each parent’s decision-making responsibility. If it is left up to the court, a judge may delegate different duties to each parent based on what they believe is in the child’s best interests. The child’s needs are always paramount in court proceedings and should be given the utmost consideration in any negotiated agreement.

A carefully crafted parenting agreement ensures that the court and everyone involved understands the nature of your co-parenting system. An experienced Ontario custody lawyer can help you create the necessary documents to record these arrangements and make sure all potential areas of disagreement have been resolved.

How Does Your Parenting Agreement Impact Your Child Support?

The court generally follows the child support guidelines set out under Ontario and Federal law. While decision-making responsibilities do not necessarily have an impact on child support orders, your parenting time arrangement will. In particular, the law makes provisions for parents who engage in split parenting time with multiple children or shared parenting time where each parent has a child for at least 40% of the time.

If you are concerned with how your parenting agreement may affect your child support, a knowledgeable Toronto child support lawyer can explain the implications and options during the negotiation process or court proceedings so that you can make informed choices for your family.

How Can a Well-Versed Family Law Lawyer Assist You?

Even if you and your ex-spouse are on good terms, it can be challenging to smoothly negotiate a parenting agreement. If there are disagreements, emotions can run high, and talks may be derailed, leaving these vital decisions up to the court. The court is bound by law to act in the best interests of the child involved, and thus may give little consideration to each parent’s preferences, potentially leaving you with an awkward agreement that you would not have chosen for your family.

Family law lawyers are skilled in negotiating parenting agreements and working through the difficulties involved to create a unique plan that meets the needs of your child. We can help you develop novel solutions for parenting time and decision-making arrangements that fit your family. Contact our law firm today for all your parenting agreement needs.

Divorce can be a challenging, time-consuming, and emotional process. It’s easy to get wrapped up in the circumstances and wish you had done some things differently when you look back later on. Some of the common divorce mistakes people make are not understanding how marital and individual assets differ, letting the focus stray off of the children if applicable, and trying to go through the process without a lawyer. We cover each of these in more detail below.

Divorce is always a major change, and even the quickest and most agreeable divorces can have some hiccups. It’s important to have legal counsel you can trust to advocate for your rights. Our law firm serves clients in the Toronto, ON, area and can help you navigate the process from start to finish.

How Can You Develop a Positive Coparenting Relationship?

Not all divorces involve children, but the ones that do are often more complex. Child custody and child support matters can be contentious and take time to work out, and it can be difficult to keep the larger co-parenting relationship in focus. When you are dealing with your ex, it’s important to try to view them as your children’s parents and to focus on what’s best for the children. And in most situations, that’s a healthy, positive relationship with both parents.

What Qualifies as Marital vs. Individual Assets?

What counts as marital property is a common area of misunderstanding in divorces. In general, any property acquired after the marriage is considered marital property—even if it’s only in one person’s name or the purchase was made by one person. Individual assets that are not subject to marital property division guidelines are generally those that existed as separate assets before the marriage and that were not used as marital property. For example, if one person had a bank account before the marriage and maintained that in their name only, that would be individual property. But if they used the funds from that account to pay marital bills or expenses, it could be considered a marital account.

Why Do I Need a Divorce Lawyer?

In some cases, couples are able to agree on all of the terms of the divorce and are ready for it to be an amicable split. If this is you, it can be tempting to attempt to go through the divorce process without a lawyer. However, it’s important to note that even divorces that start off well don’t always end that way, and it can be difficult to pivot quickly if your ex decides they no longer agree on child custody or division of assets in the middle of the divorce. A divorce lawyer can help ensure all of your paperwork is filed correctly and that you understand how any agreement reflects your rights and interests under Ontario law.

The first step is talking with a family lawyer about your situation. Our team is experienced with common issues and pitfalls that come up in divorces and can help you understand your options. Call our Toronto office today at 647-933-2397 to set up a consultation.

Filing a divorce in Ontario is a relatively simple process. All you have to do is file the proper forms with the local family court and pay any associated fees. However, these forms need to be filled out correctly and all of the divorce requirements must be met to ensure that the divorce can move forward. While it is possible for someone to file for divorce without a lawyer, it’s not advisable. To file for divorce with a lawyer, all you have to do is retain counsel and have them draft the paperwork for you to sign before they file it.

If you’re ready to file for divorce, the first step should be to talk with an experienced family law lawyer. Our firm can help you understand the Ontario laws and what to expect from the divorce process.

Are There Legal Requirements to Get a Divorce?

There are specific legal requirements that you must meet to file for divorce in Ontario. The marriage must either be ending as a result of infidelity, cruelty, or abuse, or you have to have been living apart for at least one year. While this often means living in separate houses, this isn’t always the case. The law requires that you be living separately and apart for one year, but it is possible to meet these requirements without having two residences.

How Long Does the Divorce Process Take?

How long the divorce process takes depends on your unique situation, and the most important factor is whether both parties are in agreement on the divorce and how any property division or child custody matters will be handled. In general, it can take anywhere from four to six months to get through the divorce process, but this can be significantly longer–even stretching into years–if there are issues that have to be handled through a trial in the family courts.

When is a Divorce Considered Final?

Many people celebrate when the judge hands down the divorce decree, but this isn’t when the divorce is actually considered final. A Divorce isn’t considered final until 31 days after the decree is filed by the judge. This is especially important to be aware of if you are planning to get remarried shortly after the divorce, as you will need to wait for the divorce to take effect before you can remarry.

Divorce is common, but that doesn’t mean it’s easy. Depending on the joint assets you have and whether there are children involved, you may need to consider aspects such as spousal support, child custody, and child support. Schedule a consultation with one of our divorce lawyers to get more information about how divorce works in Ontario and what your next steps should be. Call 647-933-2397 today.

Spousal support is a type of monetary support that the courts can award when a couple divorces. It is money that is paid on a monthly basis from one party to the other. The goal of spousal support is to provide temporary financial support to one party as they get back on their feet and more financially established after the divorce.

Spousal support amounts can be significant and can play a large role in your finances after the divorce. If you are getting a divorce and you think that spousal support may be a factor, talking with a divorce lawyer can ensure that you understand what to expect.

Under What Circumstances is Spousal Support Awarded?

In Ontario, spousal support can be a factor for marriages or common law relationships of at least three years. There are some situations where non-marriage relationships may also qualify, specifically if the relationship resulted in a child. Spousal support amounts are determined by taking a variety of factors into consideration. These can include the income of both parties, whether responsibilities during the relationship led to one party not being able to pursue career or education goals, the number of children, and any special circumstances.

How Long Do I Have to Pay Spousal Support?

How long a spousal support order is in place usually depends on how long the relationship lasts. The general duration of spousal support ranges from six months to one year for every year of the relationship. This means that a 10-year relationship could result in a spousal support order that is valid for five to 10 years. However, if the relationship lasted at least 20 years, the courts have the option of making a spousal support order permanent, which is often commonly referred to as alimony.

What Should I Do If I’m Unable to Pay?

If you think you may be unable to meet the obligations of a spousal support order, it’s important to take action as early as possible. Let the courts know that you don’t think that the spousal support amount is reasonable considering your financial situation or that you don’t believe that the relationship qualifies for spousal support to be a factor. You will need to provide evidence and documentation for any argument you are making, and this is where a lawyer can be of service.

Whether you are the party receiving or paying spousal support, it’s important to understand your rights, obligations, and legal options. Our lawyers are experienced with cases involving spousal support and can provide counsel on how to present your case to the courts, how to request a modification of a spousal support order, and how to enforce a support order. For more information on our team and how we can help, call 647-933-2397 today to schedule an appointment.