Yes. The important factor to consider in a variation of spousal support is whether there has been a material change in the dependent’s or the respondent’s circumstances or that new evidence has come to light that was not available at the previous determination of support. The section of the Family Law Act which deal with …
Read MoreNo. The court is able to impute income if it feels that one of the spouses could be making more money but is deliberately working below his or her capability. The rules that allow imputing income were created to stop deliberate attempts on the part of one spouse to avoid the financial responsibility of spousal …
Read MoreYou can leave the house and not come back and you may take the children with you, unless a court order directs you otherwise. It may be inadvisable for you to leave the house without talking to a Toronto divorce lawyer. The best advice is to stay in the house until after you discuss the …
Read MoreIf you are a victim of assault, sexual assault, forcible confinement, making threats, or criminal harassment you can press criminal charges.
Read MoreIf you and your spouse are able to agree about the division of your property, then your arrangement will be documented with a separation agreement. If you are unable to agree, it will be necessary for you to go to court. The court will not decide your property distribution case for a period of time …
Read MoreIn dividing property, the courts do a five step calculation: Step 1. Calculate the net value of a spouse’s property as of the date of marriage: Add up the value of the spouse’s assets at the date of marriage and subtract that spouse’s debts as of the date of marriage. Step 2. Calculate the net …
Read MoreA matrimonial home is defined as any property in which you have an interest and in which you were using as a family residence at the time of separation. More than one home can be deemed to be the matrimonial home, and this often included cottages or vacation properties. Regardless of who owns the home, …
Read MoreSpousal support in Ontario is premised on the view of a marriage as a financial partnership. When that partnership ends, the person with the greater income may have an obligation to pay the spouse with the lesser income. However, the law assumes that all individuals seek to be self-sufficient and the spousal support laws are …
Read MoreBoth spouses hire lawyers who have agreed to the principle of collaborative law and have signed a Collaborative Law Participation Agreement which states that the lawyers hired are there for the purpose of negotiating a settlement and to prevent going to court. If a couple ever decides to litigate, they must hire new lawyers.
Read MoreYour lawyer can help you identify issues to be arbitrated, as well as represent you in the arbitration process. Arbitration is much like an informal trial so your lawyer can help you prepare for as well as represent you during this “trial.”
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