Family Law
The matters related to Family Law like marriage, separation and divorce, custody and access, child protection, division of property, support and adoption etc. are governed both under Federal and Provincial Laws. Apart from these, there may be other issues relating to inheritance, separation Agreement, Marriage or pre-nuptial Agreements etc. That are part of the family matters.
The main role of the Lawyers in family matters is to represent the clients in Court and various other settlement negotiations and preparation of various agreements relating to family issues.
Going through a separation or divorce can be an emotional and complicated experience and have far reaching effects on your & your children’s future. The success of your settlement negotiations depends directly upon how your matrimonial home, child custody & support and other property issues are handled during separation process.
The role of a family lawyer is to help clients through the most difficult time in their lives. In the middle of family legal disputes, clients’ emotions tend to run high especially in cases of physical abuse or adultery. A good family lawyer possesses extensive knowledge of the law and exceptional "skills" and ability to help clients navigate the complex legal realities of transitioning families.
At Sahara Lawyer we help clients in a most effective and cost efficient ways at various stages of their family disputes & litigation matters which may include the issues relating to Divorce, Custody, Access, parenting plans and support of children, Spousal Support, Equalization of net Family Property, Co-habitation Agreement, Marriage contract, Separation Agreement, Pre-nuptial Agreement and various other child protection issues faced by clients.
SEPARATION
Two people living together in a relationship of marriage or common-Law deciding to live separate & apart are considered as separate. May be they are living under the same roof. Separation need not have to be mutual. Even if one person decides to separate and then lives apart, it is considered a separation. There should be no element of togetherness.SEPARATION AGREEMENT
It is a written agreement between the parties which deals with all or part of the issues between the parties. Usually its terms are extensively negotiated between the parties and their respective lawyers prior to finalizing it. Other main benefit of Separation Agreement is its reduced cost & time in comparison to what parties have to incur by having the matter routed through the court system. For effective settlement negotiations, parties are encouraged to exchange their respective Financial Statements. Separation Agreement containing support provisions should be registered at the Ontario Court of Justice to get its terms enforced in case of need.We at Sahara Lawyer primarily recommend our clients to resolve all their family related issues by executing a Separation Agreement if possible, prior to proceeding to Court, which will serve savings of cost & time of both parties.
DIVORCE
For getting a divorce in Ontario, you or your spouse must have ordinarily resided in Ontario for at least one year prior to filing your Divorce application under the federal Divorce Act. One of the ground for divorce is that parties to it must be living separate and apart since at least one year with no reasonable prospect of reconciliation.Divorce Application can be filed anytime after separation, but the parties must have remained separated for at least one year at the time of Divorce Order. In case of children of the marriage, Court usually requires to see reasonable arrangements in place for their support prior to issuing a Divorce Order.
CHILD SUPPORT & CUSTODY
Every parent has an obligation to provide support to his/her children. There are two types of child support which includes basic child support and special/extraordinary expenses. Basic child support includes day to day living expenses while special or extra ordinary expenses may include expenses required for post secondary education, extra-curricular activities, sports, medical, day care etc. depending upon the circumstances & need of the child.A Table is prepared in Ontario under CHILD SUPPORT GUIDELINES which describes a set amount which a parent must pay to the primary-care parent under basic child support needs and this amount is usually based on the gross taxable income of the paying parent plus number of children the paying parent is obligated to pay. However the Court may grant a different amount than prescribed in the guidelines under certain circumstances.
It is a legal obligation of every parent to financially support in upbringing their children. It is the right of a Child and cannot be displaced. Child support provides financial assistance to the primary care parent . Child support does not necessarily end when the child reaches 18 years of age but may continue if the child is in full time attendance in school.
CHILD CUSTODY
Custody of the children is another important issue that haunts the separating parents.Custody can be summarized as a legal right to have day to day custody of the children together with right to make a decision in their upbringing . Access, on the other hand, is the right to visit & meet your children on certain times or intervals if you are not the custodial parent. The best interest of the child is the main guiding factor.
Custody can be sole, shared, joint or split depending on the custody arrangement made or ordered between the parents. On the other hand child access is a right of the non-custodial parent to meet the child on certain occasions. Access to a parent may be supervised depending upon the allegations of past abuse, addiction, relating to mental capacity, a risk of physical harm to or abduction of the child etc. etc.
SPOUSAL SUPPORT
There are four financial objectives behind spousal support. The first one is to balance the economic advantage and disadvantage of the marriage or its breakdown and the secondly to adjust the financial impact on the custodial spouse in raising the children and thirdly compensating for hardship resulting from marriage breakdown and lastly to promote economic self-sufficiency within a reasonable length of timeSpousal support depends upon the condition, means, needs, length of time and functions performed during cohabitation or any agreement respecting support including misconduct of any spouse in relation to the marriage etc. etc.
In order to assist in determination of spousal support quantum, the Spousal Support Advisory Guidelines were introduced in the year 2008. Unlike the Child Support Guidelines, these advisory guidelines do not have binding force of law. However Courts may apply them in appropriate circumstances. Court usually determines amount of support on the basis of financial statements of both the parties. However these Guidelines surely help parties in coming to a reasonable or fair amount of spousal support if one is found entitled to it.
PROPERTY DIVISION AND EQUALISATION
Equalization of the parties Net Family Properties applies only to married spouses. Each spouse must prepare a sworn Financial Statement (It is the obligation of each party to provide full and frank disclosure of party's income, expenses, assets and liabilities) listing all assets and liabilities as of the date of marriage, the date of separation and the current date. The lawyer for each party will calculate each party's Net Family Property which is essentially their net worth on the date of separation minus the party's net worth on the date of marriage. Certain assets owned on the date of separation may be excluded from a party's Net Family Property such as a gift from a third party or an inheritance received during the marriage.Equalization of Net Family Property occurs whereby the party with the greater Net Family Property pays the party with the lesser Net Family Property one-half the difference between the two parties' Net Family Properties.
If the parties own joint assets that are to be kept by one party, the party that seeks to keep the joint asset is generally required to buy out the other party's one-half interest in the joint asset at fair market value. Generally, any such buy-outs occur after the parties' Net Family Property has been calculated and the buy-out amount is added or subtracted from the Net Family Property equalization amount.
For further information or assistance in regards to Family Law related disputes or litigation matters, you can always contact our office at 905-794-0440.
Disclaimer - The information provided herein is for general informational and educational purposes only. It is not intended and should not be construed to constitute legal advice. The information contained herein may not be applicable in all situations and may not, after the date of its presentation, even reflect the most current authority. Nothing contained herein should be relied or acted upon without the benefit of legal advice based upon the particular facts and circumstances presented, and nothing herein should be construed otherwise.