marriage
What should I do if I am thinking about separating from my spouse?
May 3, 2012 | 
Author The first thing that should be done is become informed. It is incredible how many people have no idea about the financial situation of their family or their spouses. Gather as many documents as possible to substantiate your respective assets and liabilities as of the date of marriage and the date of separation (ie. bank statements, financial statements etc.). You should also make all necessary inquiries and obtain any relevant documents to substantiate your income and the income of your spouse. This is particularly the case when you know that child / spousal support will be an issue.
In preparation of meeting with your lawyer, you should organize all of your documents. It makes things much easier for your lawyer and saves you the expense of having your lawyer trying to decipher and organize your documents. I am always weary of the client that comes to our office with a shopping bag full of documents.
It is also helpful if you write a point form history of your relationship with your spouse. You should cover all important facts in regards to your relationship, including, but not limited to, the financial history (ie. roles assumed during marriage, work history, whether you received any inheritances during the marriage or major gifts etc.), children, etc. It is not necessary to write “War and Peace’. However, a short form history can be very helpful to allow you to gather your thoughts and experiences and give the lawyer information that you may forget during your meeting.
You should then find a lawyer. It is important to find a lawyer that you feel comfortable with. You are going to have to work with this person for some time. You will discuss matters on the phone and trade emails or letters. You will be a team together to resolve this difficult time in your life. There is nothing wrong with interviewing several lawyers. Most lawyers will provide consultations. Once you meet with a lawyer, it will give you a sense if you can work together. It is important to find a lawyer that will do what you want him/her to do. It may be more appropriate to have a lawyer that is a good deal maker as opposed to one who is very aggressive and insists on going to court immediately. On the other hand, your spouse may be very aggressive and it may be necessary to have a lawyer who is able to stand up to your spouse and advance your claims. It depends on your circumstances.
Choosing a lawyer is an important decision. It may have a dramatic impact on how your case will proceed. However, it is important to remember that it is always possible to change lawyers if you are not happy.
The Information herein is provided for information purposes only, is not intended as legal advice, and should not be relied upon as legal advice. If If you have any questions, regarding family or divorce law, please call Lorne Fine at 416-661-2066 or E-mail him at Lfine@Torontodivorcelaw . com.
Posted in child support, divorce, lorne fine, marriage, separation | 
Tags: child support, divorce, lorne fine, property division, separation, toronto divorce lawyer | 
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Property Division – Contents
It is frequently necessary to divide the contents of the Matrimonial Home. You do not want to pay a lawyer to argue over contents, the cost will likely exceed the amount at issue. As a result, there are several methods one can use in amicably dividing the contents of the Matrimonial Home, namely as follows:
1. sell all of the contents and divide the proceeds of sale;
2. have a “shot gun clause” whereby one person makes an offer to purchase all of the contents of the house, but also must be willing to sell his/her interest in the contents to the other party on the same terms;
3. Don’t fight over the contents. It is sometimes not worth it. Take your personal items and forget about the rest. You can always buy a new couch;
4. one party makes two lists of equal value listing all of the contents in the house. The other party gets to pick one of the two lists. It is a risk as to the list of items that you will end up with, but it is quick and easy;
5. one party makes a list of all of the items in the house (group the smaller items together – ie. bathroom contents). The parties then take turns picking from the list.
It is important to stay focused on the big issues (ie. custody/ access, child/spousal support, and property division) and not get hung up on the small issues. It does not make logical sense to fight over tools or books. The cost does not justify the amount at issue. Stay focused and objective and you will have a successful divorce.
How to Prepare for your Separation/Divorce
In some of our cases, the parties separation has been “brewing” for quite some time. One or both parties may think about separating from their spouse, but they do not approach a lawyer. He/she may be preparing emotionally and financially to separate from his/her spouse. In other cases, a spouse may be surprised to learn that his/her spouse wants to separate. It comes as a complete surprise. They then come to our office and have no idea where to begin or how to deal with their situation. In both cases, when there are property or support issues, you must prepare to deal with same in the following manner:
1. Prepare a list of all assets and liabilities as of the date of marriage and the date of separation. Gather all of the documents to substantiate your figures. If there are any assets that were inherited or received as a gift during the marriage, it is important to provide documentation to substantiate the gift/inheritance and tracing of the gift/inheritance to the date of separation;
2.Do not leave the Matrimonial Home without first discussing the ramifications of leaving the house with your lawyer. It is very possible that leaving the house will have a detrimental impact on the sale of the house and any custody/access issues;
3. Do not incur any debts or allow your spouse to incur any large debts prior to the separation. You want to be able to have sufficient funds to finance any potential litigation. In addition, you do not want your spouse to incur any joint debts that you be held liable for. You do not want your spouse to deplete your equity in your residence by utilizing a joint secured line of credit or deplete their net worth. It may be necessary to cancel joint credit cards and joint lines of credit;
4. If your house is jointly owned, you may want to consider “severing the joint tenancy”. If you own the house as joint tenants with your spouse, and one person dies, the other person will automatically receive the entire house regardless of the terms of any Will. However, your lawyer can prepare documents in order to “sever the joint tenancy” . Each party would then own the house as tenants in common. Therefore, if you died prior to the resolution of your matter, your estate could deal with your interest in the house and it would not automatically vest in your spouse;
5. You may want to consider changing any beneficiary designations on your RRSPs, life insurance, etc. If your spouse is a beneficiary, and you die, he/she would receive the benefit of this asset, notwithstanding that it may be your intention due to your separation;
6. Save your money. A separation/divorce will have financial consequences. You should have a financial cushion to assist you in coping with any monetary issues;
7. Investigate your spouse/partner’s financial situation. Gather as many documents that you can find to substantiate your allegations (financial or otherwise). Copy all documents. Keep a journal/notes. It may assist you if there are future court proceedings;
8. Make sure that your spouse/partner does not have access to your email or mail received at your shared residence. It is important that any discussions that you have with your lawyer be on a strictly confidential basis;
9. If there are children involved, you should maintain the status quo (with respect to caregiving) or, better yet, become more involved with the kids.
Please feel free to contact Mr. Fine to discuss your family situation.
Posted in child support, common law spouses, divorce, lorne fine, marriage, Property Division, spousal support | Tags: child support, child support guidelines, determine child support in ontario, divorce, lorne fine, ontario child support, property division, separation, Separation Agreements, support guidelines, toronto child support, toronto divorce lawyer | No Comments »
Annulment and Duress
A marriage can be annulled on the basis of “duress”. Duress negates consent to the marriage. It is a very difficult argument to make. In determining whether or not a person can use the “duress” to invalidate a marriage, a court must examine the following:
- “a party’s emotional state at the time of the marriage ceremony;
- the party’s vulnerability;
-the time between the alleged coercive conduct and the marriage ceremony;
- whether the marriage was consummated;
-the residence of the parties during the marriage;
- the amount of time until the start of the annulment proceedings.” (ref – Family Law Newsletter, Aug 23/11 – Epstein’s This week in Family Law)
Please contact Fine & Associates to discuss whether or not you qualify to obtain an Annulment.
Posted in divorce, lorne fine, marriage | Tags: child support, divorce, lorne fine, toronto child support, toronto divorce lawyer | No Comments »