PRACTICE AREAS
PRACTICE AREAS
Divorce can have you feeling overwhelmed, anxious, and even scared. Dissolving a marriage is never easy and can involve custody matters, Spousal Support, and property division, all of which can be complex and overpowering at times.
As there are several grounds for divorce, the important thing to know is that you are not alone. We are here for you every step of the way, listening to you, understanding your specific situation, and then guiding you through the process in the best possible way for you.
Also referred to as Decision Making Responsibility in virtue of the Divorce Act
Many parents are faced with concerns regarding decision making responsibilities when going through a separation or divorce. Once formerly united parents separate, these decisions become central and must be considered and addressed. Important decisions such as ones regarding health, education and religion regarding your children are are of utmost importance.
This aspect of your children’s lives are crucial and our goal is to not only inform you of your rights, but guide you towards the right modalities regarding the decision making process and options available in the context of a separation or divorce.
Also referred to as Parenting time in virtue of the Divorce Act
Safeguarding our children’s well-being through this difficult process is paramount. We understand this is a hard time and are here to ensure your children are a key priority.
Whether you are married or unmarried parents, custody rights will always be relevant when children are involved. As parents, we know you understand your obligation to ensure that your children are educated, supervised, and cared for. By understanding your family situation and needs, we will work to ensure any agreements of custody and access are made with their best interest in mind.
As a parent, you have an obligation to financially support your child in various ways. The amount of child support is determined by specific guidelines set out by the Government, which rely on factors such as income, and number of children as well as the custody arrangements or parenting time.
With our deep understanding of the guidelines and all factors that impact the determination of Child Support, you can rest assured that your financial needs will be well taken care of.
Understanding your future income and financial well-being after a divorce can be stressful to say the least. This is where Spousal Support comes into play.
While the Courts take several factors into consideration in determining Spousal Support, it involves a deep understanding of your specific situation, the law and legal precedent to ensure you are covered financially going forward. We will work to understand things like the means and the needs of the parties in the divorce the degree of financial dependence between them and the historical situation of your financial dealings in order to help you with the loss of any income.
Property Division can be complex, especially in most cases where there are no pre-signed contracts or agreements. This is another area where you can rely on us and our expertise to ensure you are treated fairly and thoroughly.
By understanding your specific situation and your needs, we can counsel you and negotiate an agreement that protects your rights.
Rights and Obligations for Unmarried Spouses
If you’re not legally married to your spouse, the added layer of complexity can leave you feeling anxious and confused. We can help demystify all the impacts of these relationships, providing you with an understanding of your rights and the best protection for your specific situation.
It is important to know the obligations resulting from these relationships are limited to child support and custody rights only, as well as the possible recourse of Unjust Enrichment depending on the circumstances.
Financial support or property rights obligations come into play in situations where you have previously arranged agreements and/or signed contracts. Call us to discuss your situation and a plan that works for you!
Same-sex mariage
Same-sex marriage has been legal in Canada since 2005, and as a result, same-sex couples have the same rights and obligations as opposite-sex couples when it comes to marriage and divorce.
This means that couples of the same gender can file for divorce in Canada in the same way as heterosexual couples, and are subject to the same legal process and requirements.