When you reach out to Splane Roy LLP, the first thing we will do is ask you to spell your name and provide the full names of any other parties involved in your matter. This is an important step to ensure we can conduct a thorough conflict check and confirm our ability to assist you without any potential conflicts of interest. After this initial step, we can arrange for you to have a consultation, which can take place either in person at our office or via a virtual meeting. Before our appointment, we will ask you to send us any significant documents you would like us to review.

You can begin addressing your family law concerns by scheduling a consultation with one of our knowledgeable attorneys. In this meeting, we will explore the specific issues surrounding your case, explain the family law process, and help you determine the best plan of action. If your goal is to resolve matters without going to court, we can assist you in negotiating and drafting a separation or cohabitation agreement. If court intervention becomes necessary, we will prepare all required legal documents and represent you throughout the court proceedings.

We recognize that navigating the family court system can be daunting. At Splane Roy LLP, our aim is to break down the process for you and support you through each step. We will start by collecting the relevant facts of your case and, if needed, requesting financial disclosure from you. Once we have this information, we’ll prepare your legal documents and commence the court procedures, including serving the other involved parties. You may need to attend multiple court sessions. The first of these is generally a Case Conference, where parties organize their documentation and financial disclosures. This meeting also allows for discussion of the issues at hand, potentially leading to resolutions. If you require immediate relief following the Case Conference, you can file a motion. For example, we can assist you in seeking a child support order or establishing a parenting schedule. Following the Case Conference, the next step may involve a Settlement Conference, where both parties can receive feedback from a judge on possible resolutions. Throughout the litigation, we will collaborate with the other party to focus on resolving issues, and mediation may also be employed to help facilitate an agreement. While many cases are settled before trial, if an agreement cannot be reached, the next step will be a Trial Management Conference aimed at preparing your case for trial, including selecting witnesses. If all attempts at resolution fail, your case will progress to trial. However, it's important to note that most family law cases are resolved without needing to go to trial.

Separation Agreements serve as an effective means for resolving family law disputes without needing to go through the court system. These documents specify the terms agreed upon by you and your former partner, addressing matters such as parenting time (access), decision-making authority (custody), child support, spousal support, and asset division. If you are considering a Separation Agreement for your situation, we will begin by collecting relevant facts and financial disclosures, much like we do at the start of litigation, as we work to address any concerns with the other party.

If you are cohabiting with your partner, planning to tie the knot, or already married but wish to create an agreement dealing with separation matters, a Cohabitation Agreement or Marriage Contract may be suitable for your circumstances. These agreements can help provide clarity and assurance by detailing how various issues will be managed should you and your partner separate.

At Splane Roy LLP, we offer the convenience of both in-person and virtual appointments. Depending on the specifics of your case and your preferences, an in-person meeting might be beneficial. Nevertheless, we can accommodate most appointments online if that works better for you. How is property divided between spouses during separation? The division of property between spouses is governed by the Family Law Act, which mandates that the "Net Family Properties" be calculated as of the separation date. This does not entail a straightforward 50/50 split of all property; rather, it requires a detailed appraisal of assets and debts. In some cases, it may be necessary to enlist experts to assess the value of certain assets at both the date of marriage and the date of separation, such as business valuations or pension plans, which can hold significant value. Additionally, parties may be unaware of the full extent of their spouse's assets, as hidden assets or overlooked items can complicate the division process. An experienced family law attorney can guide you through these complexities. The Net Family Property is defined as the total value of a spouse's property, minus debts and liabilities, as of the separation date and taking into account the value of what they owned at the time of marriage. Accurately establishing the date of separation, which is defined as the point at which reconciliation is no longer viable, is crucial because it can greatly affect property values. After each spouse calculates their Net Family Property, one party typically compensates the other with an "Equalization Payment," calculated as half the difference between their respective Net Family Properties. If I received an inheritance during my marriage, must I share it with my ex-spouse? Not all assets are treated equally in terms of property division; some are classified as "Excluded Property." This means they do not need to be shared with your spouse. Excluded Property includes, but isn't limited to, inheritances, gifts, and personal injury settlements. However, if an inherited amount was used to enhance the Matrimonial Home or mixed with joint assets, it may not qualify as excluded. It’s advisable to work with a legal professional to clarify if any of your property can be exempt from division.

A "Matrimonial Home" is defined by the Family Law Act as any property in which a spouse has an interest and was regularly occupied by both spouses during their marriage. Unlike other assets, a Matrimonial Home cannot be classified as Excluded Property. This means that, even if you inherited or received a home as a gift, its value must still be divided with your ex-spouse upon separation. Additionally, if you owned the home before marriage and both spouses lived in it during the marriage, you cannot subtract its value from your Net Family Property as of the marriage date. How can I safeguard my property before entering into a marriage? One protective measure is to create a "Marriage Contract" with your partner, which outlines how your Net Family Properties would be divided in the event of a separation. This contract can specify which assets, such as pensions or savings, should be excluded from division. Given that a Matrimonial Home is considered special property, it’s essential to have a Marriage Contract in place if you’re bringing a house into the marriage. Having a knowledgeable family law attorney draft and execute this contract can increase its enforceability in case of future disputes; it’s not advisable to attempt drafting it on your own.

Yes, if you are a spouse, whether through marriage or a common-law relationship, you have the right to seek spousal support. A court typically grants spousal support if one spouse was financially dependent on the other during the relationship or if they experienced detrimental economic consequences as a result of that relationship, such as staying home to raise children or dealing with health issues. It's important to note that, unlike child support, spousal support payments are tax-deductible for the paying spouse and taxable for the recipient.

The determination of spousal support involves considering several critical factors, including but not limited to: ● Thefinancialneedsofthespouseseekingsupport,reflectingthelifestyle maintained during the marriage. ● Theabilityofthepayingspousetoprovidesupport. ● Thedurationofthemarriage,whichincludesanycohabitationpriorto legal marriage. ● Theageandhealth—bothphysicalandmental—ofbothparties. ● Thedependentspouse’sabilitytocontributetotheirownfinancial support. ● Thestandardoflivingthatwasenjoyedduringthemarriage. ● Anycareersacrificesmadebythedependentspouseforthebenefitof the other spouse's career advancement.

To obtain a divorce, one party must file an Application with the court. After the Application is issued, it must be served on the other party. If the other party does not contest the divorce within 30 days, they may be noted in “default.” The initiator will then need to swear an Affidavit in support of the Divorce Judgment, which, along with a Notice of Motion, will be filed with the court. If the judge is satisfied, a Divorce Judgment will be granted. You can remarry only after obtaining a Certificate of Divorce.

Unlike child support, there are no formal legislated guidelines for calculating spousal support. However, the "Spousal Support Advisory Guidelines" (SSAG) have been developed by family law experts to help in estimating the amount of support. While these guidelines are not legally binding, they can serve as a useful reference when determining the appropriate level of support. The SSAG uses a formula that takes into account the parties’ incomes, the duration of the marriage, the presence of children, and other relevant factors. Many family law attorneys utilize software tools based on these guidelines to aid in calculating spousal support amounts.

Yes, child support is a legal obligation aimed at benefiting the child. It is paid by the non-custodial parent to the primary caregiver. The amount of child support is determined by the income of the parent making the payment, while the income of the recipient parent is not a factor. Although some individuals may worry that the funds will not be allocated properly for the child's needs, it is challenging to persuade a court to exempt anyone from paying child support. The law generally assumes that the recipient will use the support for the child's benefit. Additionally, child support payments are not tax-deductible for the payer nor taxable for the recipient.

The calculation of child support primarily depends on the income of the parent who will be paying. The Federal Child Support Guidelines outline a formula for determining the appropriate amount based on the payer's income and the number of children involved. Deviations from this calculated amount are only permitted under exceptional conditions, such as cases of "undue hardship." Determining a support payer's income is straightforward when they are an employee, as they will typically receive a T4 slip detailing their earnings. Their Income Tax Return is then reviewed, with child support calculated based on line 150 of that return. However, if the support payer is self-employed, establishing their income can be more complex, as reported earnings may not reflect true income for support purposes. In such cases, a court may require certain business deductions to be added back to their declared income. This process can be intricate and may necessitate the expertise of a professional, such as an accountant. An experienced family law attorney can assist in calculating your child support obligations and any entitlements.

If you and your spouse cannot come to an agreement, you may need court assistance to resolve the issues. Either party can initiate court proceedings to protect their interests.

In addition to the base amount determined by the Federal Child Support Guidelines, the paying parent must also contribute to the child's extraordinary expenses. These expenses can include, but are not limited to: - Medical expenses for the child - Orthodontic treatment - Daycare costs - Special educational fees for primary and secondary schooling - Post-secondary education costs - Expenses related to extracurricular activities To calculate the extraordinary expenses, both parties must establish the net cost to the recipient after accounting for any contributions from the child, such as income or loans. The costs are then shared based on each parent's respective income.

If you have acted as a parent to the child and have treated them as if they were your biological child, you may still be liable for child support. This determination is typically based on the specifics of each situation and is assessed on a case-by- case basis.

To be considered legally separated, there must be “no reasonable chance of reconciliation” between you and your spouse. It is possible to be legally separated while still living in the same home. Factors that may indicate separation include: 1. Whether you and your spouse are engaging in sexual relations. 2. If you socially interact with one another. 3. Whether one spouse performs household chores for the other. 4. Whether you present yourselves as separated to others. Determining the exact date of separation can be challenging, but it is important because it may impact property division and support issues.

After separation, it’s advisable for both parties to negotiate a separation agreement. Once terms are agreed upon, they should be formalized in writing by a lawyer.

A Separation Agreement addresses key issues such as custody, access, child and spousal support, and division of net family property. Parties can negotiate terms that differ from those outlined under the Family Law Act. To be valid, the Agreement must be in writing, signed by both parties, and witnessed. Full financial disclosure between both parties is essential before signing the Agreement, and it is highly recommended that each party seeks independent legal advice to reinforce the Agreement's terms against potential future challenges.

Child support is considered a right of the child, and payment obligations remain intact regardless of the visitation situation. If you have a child and are earning an income, you are still legally required to provide child support, even if access to the child is being denied.

Typically, a straightforward divorce process takes about 3-6 months, provided that the spouse resides in Ontario and there are no complications with the divorce papers. You must have lived separately from your spouse for at least one year, unless the grounds for divorce are adultery or cruelty, in which case the timeframe can be shorter. You can proceed with a divorce even if issues related to custody, support, or property have not been resolved, as these can be addressed separately.

In Canada, divorces are granted on a "no fault" basis. If you seek a divorce, the court will typically grant it unless there are concerns regarding proper provisions for child support.

The legal treatment of common-law couples differs from that of married couples. Common-law partners are defined as two individuals who cohabited continuously for three years or in a relationship of permanence while being parents. While common-law couples do have the right to spousal support, they do not have property division rights under the Family Law Act, making asset division more complex. To end a common-law relationship, you can enter into a Separation Agreement, but you do not require a court document for termination.

Custody decisions are made by the court based on the "best interests" of the child. In custody disputes, the court evaluates which parent is best equipped to provide for the child's health, education, and overall welfare, sometimes with the assistance of professionals.

The Office of the Children’s Lawyer may be appointed by the court to evaluate custody and access issues. They can assign a social worker to assess the situation or act as a lawyer for the child if they are older, thereby representing the child’s voice in the proceedings.

Sole custody means that one parent makes all major decisions regarding the child’s welfare without needing to consult the other. In contrast, joint custody involves shared decision-making, requiring both parents to consult each other before making significant choices. Shared custody expands this concept further, with the child residing equally with both parents.

Yes, courts are shifting away from using "custody" terminology as it implies ownership of the child. Instead, they encourage parents to create “Parenting Plans” that detail care arrangements without granting more rights to one party over another. It is usually best for parents to negotiate custody and access arrangements collaboratively, minimizing disruption for the child during separation or divorce. Seeking counseling for support during this transition can also be beneficial.

Typically, your first meeting with your lawyer is an opportunity for them to get to know you and to understand the specifics of your legal situation. This session usually lasts about 30 minutes and will be primarily a conversation where you’ll share your story. You may find that your lawyer asks questions as you speak; it's important to answer these to the best of your ability, even if their purpose isn't immediately clear. Your lawyer may be looking into legal aspects that you might not even be aware of. By the conclusion of the meeting, your lawyer may propose a preliminary course of action, or if necessary, indicate that they need additional time to evaluate your various options. There’s no pressure to make any decisions right away; your lawyer will encourage you to reflect on the available options before taking any further steps.

Depending on the type of legal service, lawyers may charge either a flat fee or by the hour based on the time spent on your case. If your lawyer bills by the hour, one of the most effective ways to keep costs in check is to stay organized and prepared with your information. Consider preparing a written summary of the events relevant to your legal issue and sharing it with your lawyer. Additionally, it's more efficient to send your questions via email rather than making phone calls, as calls often require the lawyer to spend extra time documenting the conversation. If there are specific documents or information that you can easily obtain on your own, offer to handle that as well.

The division of property between spouses is governed by the Family Law Act, which mandates that the "Net Family Properties" be calculated as of the separation date. This does not entail a straightforward 50/50 split of all property; rather, it requires a detailed appraisal of assets and debts. In some cases, it may be necessary to enlist experts to assess the value of certain assets at both the date of marriage and the date of separation, such as business valuations or pension plans, which can hold significant value. Additionally, parties may be unaware of the full extent of their spouse's assets, as hidden assets or overlooked items can complicate the division process. An experienced family law attorney can guide you through these complexities. The Net Family Property is defined as the total value of a spouse's property, minus debts and liabilities, as of the separation date and taking into account the value of what they owned at the time of marriage. Accurately establishing the date of separation, which is defined as the point at which reconciliation is no longer viable, is crucial because it can greatly affect property values. After each spouse calculates their Net Family Property, one party typically compensates the other with an "Equalization Payment," calculated as half the difference between their respective Net Family Properties. If I received an inheritance during my marriage, must I share it with my ex-spouse? Not all assets are treated equally in terms of property division; some are classified as "Excluded Property." This means they do not need to be shared with your spouse. Excluded Property includes, but isn't limited to, inheritances, gifts, and personal injury settlements. However, if an inherited amount was used to enhance the Matrimonial Home or mixed with joint assets, it may not qualify as excluded. It’s advisable to work with a legal professional to clarify if any of your property can be exempt from division.

One protective measure is to create a "Marriage Contract" with your partner, which outlines how your Net Family Properties would be divided in the event of a separation. This contract can specify which assets, such as pensions or savings, should be excluded from division. Given that a Matrimonial Home is considered special property, it’s essential to have a Marriage Contract in place if you’re bringing a house into the marriage. Having a knowledgeable family law attorney draft and execute this contract can increase its enforceability in case of future disputes; it’s not advisable to attempt drafting it on your own.

If you and your spouse cannot come to an agreement, you may need court assistance to resolve the issues. Either party can initiate court proceedings to protect their interests.