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There are many legal issues that can arise between family members. While divorce is perhaps the most common, there are various other disputes that could be resolved with the help of a Toronto family lawyer.
Dealing with family-related conflicts on your own could be risky. To ensure your rights are protected, discuss your options with qualified a legal representative. A seasoned family lawyer such as Paul Riley can guide you through the legal process and help you resolve your case.
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Divorce is one of the most common issues that family lawyers deal with. Dissolving a marriage can be a long, drawn-out, and challenging process. Fortunately, a family lawyer in Toronto could simplify the process and help you bring your marriage to an end.
For some divorcing couples, the primary issues are financial. Divorce proceedings may involve conflicts over property division, spousal support, or the distribution of marital debts.
The Ontario Family Law Act s.5 determines how couples must split the debts and assets they acquired during the marriage. Each spouse calculates their net worth on the date of marriage and at the date of separation. The difference in each spouse’s net worth is their Net Family Property.
The spouse whose Net Family Property is larger must make an equalization payment to the other spouse. The couple calculates the difference between their Net Family Property values to determine the amount of the equalization payment, which is one-half the difference between their Net Family Property amounts.
Issues surrounding the matrimonial home often complicate property division. Both parties have equal possessory interests in any property that at least one spouse owns at the time of separation and that the couple resided in as a family home during the marriage.
If one spouse owned the property when they married, its value at the date of marriage does not count in their Net Family Property calculation; though, its value at the separation date counts toward the Net Family Property of the spouse who owns it. If the spouses own it jointly, each spouse claims half its value at the time of separation when calculating their respective Net Family Property.
A couple could have more than one matrimonial home; however, the Ontario Family Law Act s.28 (1) clarifies that only property in Ontario can be a matrimonial home. If the property includes a working farm or business, only the portion of the property that contains the residence counts as a matrimonial home. A Toronto family lawyer with experience handling property division issues could provide guidance about dividing interest in the matrimonial home in a specific situation.
Spousal support, or alimony, is money one partner pays to the other after the relationship ends. The court might grant spousal support when a couple separates or divorces. In addition, cohabitating partners and partners who have a child together may be entitled to alimony payments.
Spousal support is not automatic; the partner seeking alimony must prove the other partner has sufficient income to live independently and meet the other partner’s specific financial needs. Someone seeking spousal support could prove their need by showing that caring for children or supporting the other partner’s career caused them to miss educational, professional, or financial opportunities. Courts also award spousal support if the couple has a marital or separation agreement calling for one spouse to receive spousal maintenance.
Not all parenting time issues arise during divorce proceedings. Any parent who wishes to make changes to existing custody orders may petition the court to hear their case.
Parenting time may be awarded in two forms: sole or joint. There is a presumption that shared custody is in the best interests of the child – meaning both parents live with their kids for an equal amount of time and share in the decision-making process for their children. However, sole custody – which gives only one parent the right to live with their child full-time and the final say on important decisions – may be appropriate in some cases.
Parents without custody of their children could petition the court to spend more time with them. A Toronto family lawyer like Paul Riley would be well-equipped to assist you in any parenting time or visitation disputes that arise, both in and out of divorce.
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Not all couples facing the end of their marriage want to divorce. For a variety of reasons, some people choose to remain legally married while living separately. With the help of a separation agreement, you could make arrangements similar to those accomplished through a divorce decree.
Separation agreements must be in writing, signed by both parties, and witnessed. The parties must fully disclose their assets and debts to each other before finalizing the agreement. Ideally, each party has a lawyer review the drafted contract to ensure the party understands its implications and confirm both parties received the
other’s disclosure.
Although separation agreements are enforceable contracts, courts sometimes set them aside if it appears one party withheld important information, pressured the other, or if the agreement is so one-sided it shocks the conscience. Working with a capable family lawyer in Toronto such as Paul Riley could help prevent any legal roadblocks.
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A family lawyer in the Toronto could also help you draft a prenuptial or postnuptial agreement. If you are preparing to get married, a prenuptial agreement is a great way to resolve certain marital issues ahead of time in case the marriage eventually ends in divorce. Otherwise, if you are already married, Family Lawyer Paul Riley could help you create and sign a postnuptial agreement.
These marital contracts allow you to enter or continue a marriage with realistic expectations for what would otherwise be an uncertain future. However, they are not binding on every aspect of divorce. For example, Toronto courts will not honor a marital agreement that includes terms on child custody or support. While those issues must be resolved by a judge, pre- and postnuptial agreements can include terms on spousal support and the division of marital property.
Contact UsLegal issues involving your family can be emotionally taxing to resolve, and disputes could have consequences that last a lifetime. When you are facing the possibility of a family law dispute, it is important to have the right legal counsel by your side. Available 24-hours a day, Toronto family lawyer Paul Riley is ready to help you resolve any legal issue you may be facing with your loved ones. Call today.
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