Divorce
Whether you’re in a heterosexual or same-sex relationship, if you find yourself navigating the challenging waters of divorce, don’t hesitate to reach out to one of Brampton’s preeminent barristers and solicitors with experience in Family Law. We recognize the emotional toll these times can take and are here to provide steadfast support throughout this trying ordeal.
In Canada, the sole grounds for divorce remain the breakdown of marriage. This breakdown can be established on one of the following three grounds: living separate and apart for a minimum of one year, adultery, physical or mental cruelty towards the other spouse, rendering continued cohabitation intolerable.
Additionally, under the Divorce Act in Canada, there are three bars for divorce. The first is collusion. Collusion is another way to define a “sham marriage” as part of an immigration scheme. The second is if reasonable arrangements for the children are not made, the court will not grant a divorce. The last bar to divorce is the breakdown of marriage based on adultery where one party has condoned or connived the other party to commit, initiate, or continue adultery to get a divorce.
If you are embarking on the path of divorce and require assistance to initiate your Application, our team of experienced and knowledgeable lawyers are prepared to guide you through this intricate process.
There are three types of divorces in Ontario namely, a joint divorce, a simple divorce, and a contested divorce. A contested divorce is when parties are unable to reach an agreement in their divorce application. This typically arises when one party is served with the other party’s divorce application and then files their own answer in relation to the application disagreeing with the contents of the application. A contested divorce will typically involve the parties going to court to resolve their matter. Usually, in a contested divorce, parties disagree on equalization, their matrimonial home, and matters involving the children. If you are going through this process of dealing with a contested divorce, contact the lawyers at our firm who will guide you through the process step by step. Our lawyers are extremely knowledgeable in the process and can guide you through this stressful ordeal.
A simple divorce is an uncontested divorce where parties amicably agree on getting a divorce without disagreeing on the facts. Under an uncontested divorce, parties agree on the division of their assets, equalization, matters involving the children and all that they are looking for is getting a simple divorce.
However, situations can arise where initial agreement falters, and what was once an uncontested divorce transforms into a different scenario. This shift can be accompanied by unexpected complexities and emotional stress. It is crucial to remain well-informed about the court procedures and to adhere to timelines diligently, thus avoiding default judgments resulting from missed deadlines.
Should you find yourself in such a situation, please don’t hesitate to contact our experienced Family Law lawyers at AAPC Lawyers. Our firm houses legal experts who specialize in Family Law and possess the expertise needed to skillfully guide you through this evolving process. We are here to provide the support and knowledge you require during this challenging phase of your life.
In Ontario, property acquired during a marriage must be split equally between spouses when a marriage ends. Matrimonial property rights are governed by the Family Law Act (“FLA”). Only married or formally married spouses have statutory property rights under the FLA. The formula under the FLA is designed to calculate the equalization of each spouse’s net worth from the date of marriage to the date of separation which is known as the “valuation date.”
Certain types of property are excluded from the equalization calculation including the value of the property other than a matrimonial home that was received as a gift or inheritance from a third person after the date of marriage and before the valuation date, money received from an insurance company because someone died, money you received or have a right to as a result of a personal injury, property that you and your spouse have agreed to exclude through an agreement, etc.
Understanding the law of equalization and correctly dividing up properties/assets can be crucial to your Family Law claim. There are situations where the court deviates from equal division of properties in situations such as unconscionability. This is called unequal equalization. Talk to an experienced lawyer today to help you navigate through the proper procedures of your family law matter.
Support Obligations
Children require financial assistance from their parents, they also have a legal right to these benefits. When parents decide to separate or divorce, it is best that they come to an agreement on the amount of child support allotted to their collective children. If they ask a court to make the decision, the court will utilize the guidelines to determine child support payments. Various child support guidelines remain under the Federal Law, whereas others are under provincial or territorial law. The guidelines that are applicable vary on the family’s circumstances.
Children rightfully deserve financial support from their parents, as it is their legal entitlement. When parents face separation or divorce, reaching an amicable agreement regarding child support becomes crucial for the well-being of their shared children. Opting for a cooperative resolution is often in the best interest of both parents and their little ones.
In cases where parents cannot agree on child support, they may turn to the court for a resolution. Courts utilize specific guidelines to determine appropriate child support payments, which can vary based on federal, provincial, or territorial laws. These guidelines consider the family’s unique circumstances, ensuring a fair and equitable assessment of financial responsibilities.
Recognizing that each family’s situation is different, the application of child support guidelines is tailored to address their specific needs and challenges. By adhering to these guidelines, parents can provide stable and consistent financial support to their children, promoting a nurturing environment even during significant life changes.
Ultimately, the focus remains on prioritizing the children’s well-being throughout the process. By working together, parents can uphold their responsibilities and ensure that their children continue to receive the care and support they need to thrive despite the challenges that separation or divorce may bring. Contact today the experienced and knowledgeable lawyers at AAPC Lawyers who will help guide you through this process. We understand how difficult and stressful this time can be, but our experienced Family lawyers can help make the process much easier for you.
Spousal Support is the allowance paid by one spouse to the other after they have decided to separate or divorce. The sole function of spousal support is to help the other spouse develop financial self-sufficiency and freedom. It is also to prevent the spouse from enduring serious financial obstacles due to the termination of the relationship.
Spousal support, often referred to as alimony, is a crucial provision made by one spouse to the other following their decision to separate or divorce. The primary purpose of spousal support is to empower the receiving spouse to attain financial self-sufficiency and autonomy. It serves as a bridge to facilitate a smooth transition from a shared financial life to independent financial stability.
Beyond merely assisting the recipient, spousal support plays a pivotal role in preventing the individual from facing significant financial hurdles because of the relationship’s termination. It acknowledges the potential disparities in earning capacity or opportunities that may have arisen during the marriage.
By providing financial support to the lower-earning or economically disadvantaged spouse, the alimony seeks to uphold fairness and equity in the aftermath or separation of divorce. It aims to address any economic imbalances that may have arisen during the marriage and supports the recipient in maintaining a reasonable standard of living.
Spousal support arrangements can be customized to suit the unique needs and circumstances of each couple. It may be awarded temporarily to enable the recipient to acquire education, training, or work experiences, or it may be a more long-term solution, depending on various factors such as the length of the marriage and the financial contributions of each spouse.
Ultimately, spousal support embodies a sense of compassion and empathy, recognizing that the termination of a marriage can have financial implications that require thoughtful consideration and support. It allows both parties to navigate this challenging period with greater financial security and emotional stability. A path towards individuals’ growth and self- sufficiency.
Determining Decision-making responsibility and parenting time with the children is crucial when parents are separating or divorcing. The Divorce Act and the Children’s Law Reform Act provide details of determining who has authority to make major decisions regarding children. If you are experiencing a divorce or separation, it is important that your children continuously feel loved, safe, and supported. Parenting arraignment can be beneficial for a multitude of reasons, including where the children will reside, how often they spend time with each parent, who will be responsible for making major decision for them, etc. There are numerous types of parenting arrangements, non-parents such as grandparents can also apply for decision-making responsibility for the children.
A cohabitation agreement entails the rights and obligations each spouse will acquire because of their relationship. The sole purpose of a cohabitation agreement is to safeguard a couple financially if the couple decides to cohabitate together without being married.
A cohabitation agreement outlines the rights and responsibilities that each partner assumes during their relationship. Designed to provide financial protection for couples choosing to cohabit without formal marriage, this agreement serves as a pillar of security and clarity.
By defining the legal and financial framework of their partnership, a cohabitation agreement offers couples a sense of assurance and confidence in their shared future. It addresses crucial aspects such as property rights, financial obligations, and potential support if the relationship concludes.
Beyond safeguarding assets, a well-crafted cohabitation agreement can also establish guidelines for resolving disputes and handling shared responsibilities, fostering open communication and mutual understanding.
Rather than viewing a cohabitation agreement as a measure solely for unexpected circumstances, it is a proactive and considerate approach to protect both individuals involved. By openly discussing and acknowledging each other’s expectations and intentions, couples can build a foundation of truth and respect, enhancing the strength of their bond.
Seeking professional guidance in creating a cohabitation agreement can ensure both parties’ interest is adequately represented, paving the way for a harmonious and stable cohabitation. Embracing this agreement demonstrates a commitment to the well-being of the relationship and, ultimately, to the happiness and security of both partners.
Signing a prenuptial agreement provides legal protection over assets you acquired before marriage. It determines the rights and requirements of each spouse regarding separate and marital assets. One can specify what assets you wish to keep protected when the marriage terminates in your prenup.
Entering into a prenuptial agreement offers invaluable legal protection for assets acquired before tying the knot. This essential document serves to outline the rights and obligations of each spouse concerning both individual and marital assets.
A prenuptial agreement grants you the ability to proactively determine the allocation and safeguarding of specific assets in the event of a marriage’s termination. By clearly defining which assets you wish to protect, the prenup provides a sense of financial security and peace of mind.
Beyond asset protection, a well-crafted prenuptial agreement can also address various other aspects, such as property division, financial responsibilities, and spousal support, streamlining potential complexities in case of divorce or separation.
It’s important to recognize that a prenuptial agreement is not solely about anticipating the end of a marriage; rather it is a forward-thinking tool that fosters open communication and trust between partners. By candidly discussing financial matters before marriage, couples can ensure a solid foundation for their relationship, built on transparency and mutual understanding.
When carefully drafted with the assistance of legal professionals, a prenuptial agreement can serve as a symbol of responsible planning and commitment, allowing you and your partner to embark on your shared journey with confidence and optimism for the future.
A separation agreement in Ontario permits two spouses to live apart and separate from one another without legally ending their marriage. The couple may decide to live in separate homes; however, it is not legally necessary to be legally separated.
In Ontario, a separation agreement offers spouses the freedom to lead separate lives without terminating their legal marriage. This arrangement allows couples to live apart, either in separate residences or under the same roof, while maintaining their legal status as a married couple.
This unique feature of Ontario’s separation agreements provides couples with valuable flexibility, enabling them to make choices that best suit their individual circumstances. Some may choose to establish separate households, embracing the physical aspect of separation, while others might find it more practical or beneficial to continue residing together for a variety of reasons.
The key advantage of a separation agreement lies in its ability to accommodate the diverse needs of each couple, recognizing that no two situations are alike. By preserving the legal marriage while living apart, spouses can take their time to assess their feelings and intentions and navigate the complexities of their relationship without rushing into a divorce.
This interim arrangement also allows couples to address crucial matters such as child custody visitation schedules, financial responsibilities, and property division in a legally binding manner. By establishing clear guidelines through the separation agreements, both parties can protect their rights and ensure a smoother transition during this challenging phase.
Ultimately, Ontario separation agreements serve as a pragmatic and compassionate solution for couples seeking space and time apart while maintaining the legal framework of their marriage. It provides a pathway for thoughtful reflection, enabling individuals to make informed decisions about their future, all while respecting their unique journey through separation and potential reconciliation.
