
The of
LAW
FAMILY
Divorce and separation are some of the most stressful situations a family can experience. With complete information and support, you can get your situation under control.
The Courts consider contributions that are made at the commencement of and during a marriage or relationship and also post-separation.
Contributions can be financial or non-financial
Financial
Financial contributions are essentially what money each party has brought to the relationship. This includes:
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What both parties had by way of assets (or debts!) at the start of the relationship
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What each party brought in by way of income during the relationship
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Whether one party received a windfall such as a lottery win or an inheritance
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Any “wastage” of assets by parties as a non-contribution, such as money spent on gambling or other uses the Court considers to be a waste
Non-Financial
Non-financial contributions are any contributions that are not financial in nature. They can include:
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Care of children
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Household duties
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Undertaking renovations or other works to improve the value of a property
Easily distinguish between shared and separate property, and debts, to eliminate any future discrepancies
Protect yourself and your partner by addressing issues such as child support, inheritance, and spousal support

A Prenuptial Agreement is a contract used by two people who are about to marry and wish to sort out current and future financial and property matters prior to marriage.

A Cohabitation Agreement is used by couples who are not legally married but want to live together in a shared residence. It addresses property, debts, and other details in order to protect each individual's interests in the event the relationship comes to an end.

A Common Law Partner Agreement is used by couples who live together but are not legally married. It outlines shared and separate property and debts, as well as other details to protect the interests of each individual should the relationship come to an end.

A Separation Agreement is used by two spouses to establish terms for living apart. It includes how they intend to separate assets and debts, and allows them to address child custody and spousal/child support, prior to a divorce judgement.
Easily divide assets and debts, including the marital home, and specify child support, visitation, and spousal support preferences
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Child Custody
Custody refers to the right to make major decisions about the child. Where one parent has sole custody, that parent alone makes all major decisions about the child. Where the parents have joint custody, the parents are to mutually agree upon major decisions concerning the child. A parent can have joint custody of the child, but not shared residence (i.e. mom and dad make joint major decisions about the child, but the child ordinarily resides with just mom).
Child Support
You should review your Will from time to time to ensure that it still meets your needs and that your property will be distributed according to your wishes. You should consider writing a new Will on the following events:
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You get married or divorced (a change in marital status may void your old Will);
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You are unmarried, but have a new partner;
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The amount of money and property you own significantly changes;
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You move to another province/territory;
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Your executor or a significant beneficiary in your Will dies;
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There is a birth or adoption of a child in your family;
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You change your mind about the provisions in your Will.
Spousal Suport
Spousal support in Ontario is premised on the view of a marriage as a financial partnership. When that partnership ends, the person with the greater income may have an obligation to pay the spouse with the lesser income. However, the law assumes that all individuals seek to be self-sufficient and the spousal support laws are drafted with this in mind. Fault is not part of the decision-making process about whether a spouse is to receive support.
Division of Property
The division of assets and liabilities between parties after separation. The value of any property that was acquired during the marriage and still exists at separation must be divided equally between the parties (some exclusions apply). Also, any increase in the value of the property from the date of marriage, must be shared. The payment that may be owed to one party, is called an “equalization payment”. Equalization payments only apply to married spouses.
Domestic Violence
Domestic violence (also domestic abuse, spousal abuse, intimate partner violence, battering, or family violence) is a pattern of behaviour which involves violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. Intimate partner violence(IPV) is violence by a spouse or partner in an intimate relationship against the other spouse or partner. Domestic violence can take place in heterosexual and same-sex family relationships, and can involve violence against children in the family or, in some U.S. states, violence against a roommate.
Domestic violence can take a number of forms, including physical, verbal, emotional, economic, religious, and sexual abuse, which can range from subtle, coercive forms to marital rape and to violent physical abuse such as female genital mutilation and acid throwing that results in disfigurement or death.
Mediation and Arbitration
Alternative Dispute Resolution refers to a group of methods used to try to settle legal disputes. In family law, divorce mediation and arbitration are two commonly used alternative dispute resolution avenues for settling disputes about family property division, spousal and child support and child custody.
Mediation has been found to produce more durable outcomes, higher levels of mutual satisfaction and to decrease the likelihood of further conflict.
There are a number of benefits to choosing mediation over litigation:
1. Mediation is voluntary; it is not a mandatory process for family law matters;
2. Mediation keeps the power in the hands of the parties;
3. Mediation keeps the focus on a common interest: The best interests of the children;
4. Mediation encourages open communication and problem solving; and
5. Mediation may be less costly and more private than court.






