What is the process of Mediation?
There are usually five stages to mediation: Stage 1: Introductions Mediator introduces themselves and explains the rules for mediation (i.e. act courteous to each other, no arguing, take turns speaking, either party or the mediator can terminate at any time etc.) (more…)
What is Mediation?
Mediation is a form of dispute resolution. It is a form of negotiated settlement. A mediator is a neutral third party. He/she will facilitate a resolution of the issues and attempt to arrive at a settlement that works for both parties. Lawyers often say that the “best negotiated settlement is when both parties walk away from the table thinking the other person got the better deal”. If...What should I do if I am thinking about separating from my spouse?
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...Child Support – Sources of Income
According to s.16 of the Federal Child Support Guidelines, in order to determine the quantum of child support, you must first calculate a payor’s total income. The courts have evaluated certain types of “income” and considered whether or not it should be considered in determining the payor’s income: (more…)Child Support – When is the Recipient’s income Considered?
Our family lawyers frequently get asked by support payors when is their spouse’s income considered in relation to child support. A recipient’s income is relevant in the following circumstances: (more…)Severance Pay in Determining Income for Child Support
When one obtains severance pay from his/her employer, it is considered income for the purposes of determining child support. Most payors seem to believe that it is an asset rather than income. This is incorrect. Severance pay is income replacement. As such, it is considered in evaluating child support obligations. (more…)Spousal Support Advisory Guidelines
The Spousal Support Advisory Guidelines are not legislated guidelines. Although they assist family lawyers and the courts in determining the appropriate range of spousal support in a case, the SSAG are not binding on a court. A judge has the inherent discretion to determine what he/she considers the appropriate quantum of support. In Fisher v. Fisher, the Ontario Court of Appeal held that...
Property Division: Dividing Matrimonial Household Contents
It is frequently necessary to divide the contents of the Matrimonial Home. You do not want to pay a divorce 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: (more…)Entitlement to Spousal Support
The courts have held that an Applicant for spousal support, must demonstrate the following in order to qualify for interim (ie. temporary support): (more…)