Halifax Divorce & Family Lawyer

A Separation can change almost every part of your day-to-day life.

There may be questions about where you will live, how parenting will work, what happens to your finances, and what you need to do next.

Getting the right legal advice early can help you understand which decisions need to be made now and which ones can wait. At The Riley Divorce and Family Law Firm, we work with individuals and families in Halifax who are dealing with separation, divorce, parenting concerns or (parenting issues), child or spousal, support, and property issues.

1-782-800-6022

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Divorce

Divorce in Canada is governed by the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.). The same legislation applies in Halifax and throughout the country.

To obtain a divorce, you must establish that the marriage has broken down. For many couples, this is based on living separate and apart for at least one year.

The divorce itself may be relatively straightforward. The issues surrounding it often are not. Before a divorce is finalized, there may still be questions or disputes about parenting arrangements, child or spousal support, the family home, pensions, or other property. Our family lawyers can explain what is required, identify issues that may need to be resolved, and help you determine the best way to move the matter forward.

Specific areas of service within Divorce:

Parenting Time and Decision-Making

For parents, separation usually brings an immediate practical question:

what is life going to look like for the children?

Parenting matters involving divorcing spouses are addressed under the Divorce Act. Nova Scotia’s Parenting and Support Act, R.S.N.S. 1989, c. 160 may apply to unmarried parents and certain matters outside a divorce.

In either situation, the best interests of the child are central. That means looking at the circumstances of the particular family rather than relying on a single parenting arrangement that works for everyone. A parent’s history of caring for the child, the child’s needs and routine, and each parent’s willingness to support the child’s relationship with the other parent may all be important.

When parents are able to agree, a clear parenting plan can help avoid uncertainty later. When they cannot, legal advice can help clarify the available options and what a court may consider.

AREAS OF SERVICE WITHIN PARENTING TIME & DECISION-MAKING:

Child Support

Child support is generally determined using the Federal Child Support Guidelines. The amount is based primarily on the paying parent’s income and the number of children.

Sometimes the calculation is simple. Sometimes determining the correct income is the difficult part.

Self-employed parents, fluctuating income, shared parenting arrangements, and incomplete financial disclosure can all make child support more complicated. There may also be situations where support has been ordered or agreed to but payments are not being made.

A Halifax family lawyer can review the financial information, help determine the appropriate amount of support, and advise on options where support is disputed or needs to be enforced.

AREAS OF SERVICE WITHIN PARENTING TIME & DECISION-MAKING:

Spousal Support

Unlike child support, spousal support is not automatically payable simply because a marriage or relationship ends.

A number of factors may matter, including the length of the relationship, the income and earning capacity of each spouse, and the roles each person took on during the marriage.

For example, one spouse may have stepped away from a career or reduced working hours to care for children or support the other spouse’s career. Those circumstances may become relevant when determining whether there is an entitlement to support and, if so, what an appropriate amount and duration might be.

Before agreeing to pay or receive spousal support, it is important to understand how the facts of your relationship affect the analysis.

Property Division

Separating property can be one of the most significant financial parts of a divorce.

Nova Scotia’s Matrimonial Property Act, R.S.N.S. 1989, c. 275 generally presumes an equal division of matrimonial property between married spouses. However, a court may order an unequal division where an equal split would be unfair.

The details matter.

A family home may raise different concerns than an investment account. A business may need to be valued. Pensions can represent a substantial marital asset even though the money may not be available for many years.

The rules can also be different for common-law partners than they are for married spouses.

Before agreeing to divide property, it is worth having a clear picture of what is owned, what is owed, and how Nova Scotia law may apply to your situation.

Marital Agreements

Not every family law matter begins with a dispute.

Cohabitation agreements and prenuptial or postnuptial agreements allow couples to make decisions about property, debt, and support before those issues ever become a source of conflict. Separation agreements can address many of the same subjects after a relationship has ended.

The wording of these agreements matters, but so does the process used to create them.

Independent legal advice for each person can help ensure

both parties understand the agreement and its consequences. It can also reduce the risk of problems if the agreement is challenged later.

Our lawyers can draft an agreement, review one you have received, or help negotiate terms that reflect your

PAUL RILEY

As the CEO of The Riley Divorce &
Family Law Firm, Paul Riley brings
over two decades of legal expertise
to his clients.

Before embarking on his distinguished legal career,
Paul honed his communication skills as a journalist with the CBC in Toronto, Vancouver, and Halifax. His extensive knowledge and experience in family law have made him a sought-after expert, frequently featured on national television and involved in numerous high-profile cases. Known for his tenacity and dedication, Paul has earned a reputation for aggressively pursuing the best outcomes for his clients.

ROSEMARY OSASERE

Rosemary Osasere is an
internationally trained lawyer,
called to the Nigeria Bar in 2008
and the Nova Scotia Bar in 2017.

Rosemary Osasere is a Nova Scotia family and child protection lawyer and Principal Counsel at Rehoboth Law. Called to the Nigeria Bar in 2008 and the Nova Scotia Bar in 2017, she brings international legal experience and a collaborative, community-focused approach to her work in Halifax.

Navigating a complex, high-conflict separation after a long-term marriage is an incredibly difficult journey. I cannot say enough about the professionalism, strategic thinking, and unwavering support I have received from The Riley Firm, and specifically from my lawyer, Rishab Lohan.

The entire team, including his law clerks Kortni and Suzanne, has been efficient and professional. In a process that is designed to be stressful and costly, they have been mindful of my finances and have provided a sense of stability in a chaotic time. If you are looking for a firm that combines legal excellence with profound emotional intelligence, I wholeheartedly recommend them.

— Scott Lemieux

— Chantel Byfield

Through the toughest time in my life, separation and with a newborn baby, the Riley firm has been extremely hard working and supportive! Giving me so much peace of mind!

Alyssandra and Kim have been amazing! Quicks responses, fast acting and extremely effective. They really care about what I’m going through and thoroughly work hard for me and my children’s rights!

I highly recommend the Riley Firm!

— Val. T

— George Enei

I never imagined I’d find myself in need of legal counsel for a divorce, but when the time came, the Riley Firm was an absolute lifeline. From the moment I walked through their doors, the team’s professionalism and empathy eased my worries and anxiety. They provided not just legal expertise, but genuine support throughout every step of the process.

— Shamell. D

— Jill Gillis

The Riley Firm has become an extension of my family, called upon when needed the most. The are always there to support you, from coaching, to help you manage the emotion and complexity of the situation, to top-notch legal advice and support from the highest calibre of legal minds in the business. They listen to you, help you focus on priorities, and navigate the complexities of the judicial system. At the core of their service is a personal lens to all they do – they are good people helping others in a difficult time, always guiding you to the light.

— George.E

— Scott

It also felt like family. They were always there to support and reassure me. Communications were excellent as well. I don’t remember ever sending an email and not getting a response the same day. Tinoye was always there when I had a question or during trial prep sessions, or even when I just wanted to talk. Even during the trial itself, Paul and Tinoye did an amazing job. I couldn’t have been more pleased with the outcome.

Paul, Tinoye, I want to thank you from the bottom of my heart. You will always have a home in Ottawa.

— Ashwaq. A

As a current client of the Riley Law Office I can attest to his and the entire team’s professionalism, efficiency, and compassion in dealing with a persons’ legal matters. Mr. Riley has been upfront, extensively available to walk me through the legal process, and has taken the time to understand and seek resolution on my unique concerns. His whole firm, and Liz in particular, have been responsive and efficient throughout my experience with them and I would unreservedly recommend this firm for any legal matter.

-J.W

Paul, Liz and the whole Riley firm have been supporting me over the past two years with a very difficult family law situation. For someone with no experience navigating the court systems the firm has often straddled the line between legal representation and therapist – demonstrating legitimate concern for the outcome of my legal matter but also the outcomes for me as a human being. Paul and his team legitimately care and although the ideal situation would have allowed me to avoid the court system altogether, I am glad to have this form as my trusted guides and representatives as we walk toward resolution.

-Anonymous Toronto

I contacted Paul during one of the roughest periods of my life. Paul showed me compassion and understanding. He also treated me with respect; and assured me that all will be well. When you are feeling alone and empty, it is very comforting and reassuring to know that your Lawyer understands the law and has had similar experience as you; which is the case with Paul. Adding Liz to the team has also been a wonderful experience for me. Liz has a wealth of knowledge and experience in family law. This is very important in sorting through the emotions and facts that are present when families are under stress. Thank you Paul..thank

-A. Effiwatt

Speak With a Halifax Family Lawyer

You may be considering separation and wondering what your options are. You may already have separated and need to resolve a specific disagreement. Or you may simply want to understand your legal position before making a decision that could be difficult to change later.

Whatever stage you are at, early advice can provide clarity.

Contact The Riley Divorce and Family Law Firm in Halifax to arrange a confidential consultation.