How to Prepare for your Separation/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...

Important Rules to Remember when dealing with a Separation/Divorce

It is important to keep in mind the following rules when dealing with a Separation /Divorce: (more…)

Finding a Divorce Lawyer

A separation/ Divorce is a very traumatic event.  It is important to find a Family/Divorce lawyer that you can work with and assist you during this difficult time in your life.  Some lawyers are willing to listen to your feelings while others are strictly business.  You have to decide which type of lawyer you want. (more…)

Compliance with Court Orders

Our office recently acted for the Wife in the decision of Molina v. Molina 2011 CarswellOnt 3569 (Ont. S.C.J.).   In this case, the Husband breached several court Orders.  As a result, we brought a motion to strike the Husband’s pleadings for not complying with the Orders. (more…)

Insurance for Child Support

When there are children of the relationship, or a spousal support obligation, it is important to have a provision in any separation agreement dealing with life insurance. These provisions serve as security for child support/spousal support in the event that the support payor dies while the dependent is entitled to child/spousal support. (more…)

How to Work with a Lawyer

When you first meet with a lawyer, it is important to be organized.  It is always great when a client has all of his/her questions  prepared and ready to go.  Although it is not always possible to gather all of the necessary documents to substantiate your claims, it is great when a client has some documents to substantiate his/her claims and/or assets and liabilities.  When you are organized,...

Spousal Support – Variation of a Final Order

A court has limited jurisdiction to vary a final Order for spousal support on a temporary basis (Crawford v. Dixon 14 RFL (5th) 267 Ont SCJ).  The moving party must demonstrate that he/she has a prima facie case, there must be a clear case of “hardship or urgency and the applicant must come to court with clean hands”. The court will look at the means of the parties and determine if...

Child Support – Disabled Child

Section 31 of the Family Law Act states that “Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so.  The support obligation does not extend to a child who is 16 yrs of age or older and has withdrawn from parental control”. (more…)

Child Support – Adult Children

Adult Children (ie. over the age of 18 yrs) are only entitled to child support if they are dependents as defined by the Divorce Act and the Family Law Act.  An adult child is entitled to child support if he/she is “enrolled in a full time program of education”.   Various court decisions have held that it is not sufficient for the adult child to simply be enrolled in school on a...

Common Law Spouses and Unjust Enrichment

Common Law Spouses are defined as those couples that are not married and have a child or have resided together in a relationship for three years or more. (more…)