Custody & Access
When children are involved, the most important part of your separation will be determining the parenting arrangement. A parenting plan sets out the arrangements for a child, including a schedule of the times each parent will spend with the child and information about who will make major decisions about education, medical care, and schooling. Together we can help you reach the best parenting plan for you and your child.
Child Support
Both parents have an obligation to provide financial support for their child, and this obligation doesn’t end when parents separate or divorce. Decisions regarding child support are based on a number of factors, including the number of children, the parenting arrangement and the income of the parents. We can help ensure the best possible support arrangement for your child.
Divorce
Divorce is the legal end of a marriage. Final termination of a marriage, whether it’s contested or uncontested, requires a court application. This process can be time-consuming and confusing. Let us assist you with this transition.
Separation Agreements
When marriages and relationships break down, separating parties can agree on the terms for division of assets/debts, parenting, child support, and spousal support. With a well drafted agreement, you can avoid litigation or bring your proceedings to an early end.
Spousal Support
Spousal support, or alimony, is money paid by one spouse to the other following a separation or divorce to help with expenses. Factors used to consider entitlement include such things as age, the length of the relationship, future work prospects, age of children (if any), education, and differences in income. Should entitlement be established, the next step is to determine the duration and amount of spousal support, which can be a complicated process. Let us help.
Property Division
Whether you’re married or in a common law relationship, you must ensure your rights are protected when the time comes to divide property. Entitlement may vary depending on your marital status. Let us help you understand your rights and guide you through the property division process.
Cohabitation Agreements
More couples are living in common law relationships than ever before. However, since common law spouses do not have the same automatic right to share in property as married couples, more couples are opting for a formalized cohabitation agreement, which is one of the best ways to ensure the fair division of property in the event of separation. Cohabitation agreements can also deal with support obligations and entitlement to share in each other’s estate upon death.
Marriage Contracts
This is a contract between two people who are married or who intend to marry each other which enables them to decide, in advance, their rights and obligations both during the marriage and upon their separation or death. Although couples may be reluctant to discuss this at the beginning of their marriage, the reality is that marriage contracts are now widely accepted and a normal part of the marriage process, especially when one or both partners have been married before. So although no one wants to think about divorce before taking their vows, it is important to prepare for the possibility. A well drafted marriage contract can prevent or minimize litigation costs should the marriage breakdown.
Litigation
Litigation is the legal process used when parties cannot reach an agreement on their own. While most people would prefer to resolve matters on their own, going to court can sometimes be necessary. Whether you have been served with an application or need to start the litigation process, we are ready to help you navigate through the legal system.
Estate Planning
Estate planning is often overlooked, yet intertwined with Family Law. While there are specific provisions in our legislation which govern the distribution of assets for married spouses who die without a will, there are no such provisions recognizing common law spouses who die without a will, regardless of the length of the relationship. Estate planning is thus an important step in protecting your family’s future.
Together, we can customize your Will, Enduring Power of Attorney and Advance Health Care Directive to ensure your wishes and needs are met throughout life. Proper planning with these documents will ensure that your property and even health care will be managed by someone you trust and who will act in your best interest.
