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FAQs and Helpful Information on Ontario Family Law.
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Before you do anything else, consult a divorce lawyer. Even if you decide not to get a divorce, an attorney can give you vital information on how to protect yourself, your assets, and your children so that you won’t make any mistakes that could work against you in a court proceeding. The attorney will explain everything that is involved in getting a divorce so that you can make an informed decision about your next step.
It is not mandatory for your to hire a divorce attorney. However, it is highly recommended for your own protection. Even in cases where the divorce may be amicable, lawyers know all the legislation, court processes, deadlines, and best practices to ensure that your best interests are protected and that your divorce is fair with the best outcome for both parties.
There is a lot of paperwork and many factors that you may not even be aware of. Divorce is stressful enough without trying to navigate the legal system on your own. Hire a lawyer to take care of it for you and make sure you get what you are entitled to.
In Ontario, jointly owned businesses or companies become part of the net family worth. All assets are pooled, valuated and subject to equalization upon divorce. This means that the value of all assets including a business are used to calculate and determine equalization payments. This does not necessarily mean that ownership will be transferred. It is a determination of value for the division of the net family worth.
A prenuptial agreement is a contract between two people who intend to marry. A prenup is created prior to the marriage. It determines the division of assets, real property, spousal support, and child custody in the even that the marriage ends in divorce. It can also protect things like inheritance, assets and property acquired before the marriage, family wealth and heirlooms, and interests in a shared business.
A legal separation agreement protects each spouse by defining guidelines for co-parenting, child support, access to the matrimonial home, and spousal support amongst other issues. As such, it provides for predictability and certainty. When these guidelines are in place, there is less room for conflict, allowing you to move forward with peace of mind.
Yes. Sometimes it is simply not possible for a couple to live apart while being separated. This could be due to financial circumstances, lack of access to alternative housing, child rearing, or other factors.
There are many factors that go into the determination of whether you are ‘separated’ for the purposes of Family Law – living physically apart is just one of them. Contact us for more details.
A cohabitation agreement is similar to a prenuptial agreement, but for couples who live together and are not married. Such an agreement protects you and your common-law spouse in the event of a breakup. It details the division of property, debts, other assets, and support.
