Distribution of Property in Ontario: The Basics Distribution of property in Ontario is not as simple as people believe it to be. Sometimes, people have the misconception that each asset or debt shared between married spouses is looked at separately and divided equally. The law in Ontario, however, takes a more global approach to property …
Read MoreCollaborative Divorce The vast majority of divorce cases in Ontario are settled outside of court and collaborative law is attracting considerable attention as a proactive and humane divorce settlement option. Proponents of collaborative law tout that collaborative law is faster, cheaper and nicer than traditional divorce. This helps everyone in the process…especially the children. It …
Read MoreCan one spouse quit during the collaborative law process? Nothing stops a spouse from quitting the collaborative process. If either party decides that the collaborative process is no longer appropriate, then the process may be terminated by written notice to the lawyers. If this happens, both parties must retain new lawyers.
Read MoreUnder the provisions of the Family Law Act, the court may make an order for the preservation of property to protect a spouse’s interest in that property. This order can be interim (temporary) or final. The court, under this section, can restrict a spouse’s ability to dispose of or encumber an asset or can order …
Read MoreArbitration is an option that involves a third party called an arbitrator. Arbitrators, unlike mediators, act like a “judge,” as they are professionals trained to hear testimony, take evidence, and issue actual decisions for the couple. As in mediation, you and your spouse usually both hire experienced divorce lawyers to help with the arbitration process …
Read MoreThe definition of Net Family Property according to s.4(1) of the Family Law Act is “the value of all the property, except property described in subsection (2), that a spouse owns on the valuation date, after deducting, (a) The spouse’s debts and other liabilities, and (b) The value of property, other than a matrimonial home, …
Read MoreWhat statutes apply to child support? What is an application for child support? A number of provisions in the Ontario Family Law Act and the Canada Divorce Act govern child support. The Statutes, along with the Guidelines, designate who may bring an application for child support, what court can hear such an application, who can …
Read MoreCosts (lawyer’s fees) are usually awarded to the successful party by the judge if the child support case gets to trial. There is no certainty about this, and it is often difficult to predict what cost awards will be made. The amount of costs that may be awarded is generally a portion of the legal …
Read MoreA material change is something significant. It can make child support go up or go down. In order to constitute a material change in circumstances, the change must have occurred after the child support order or agreement has been made. Whether there has been a material change depends on the specific factors of each case. …
Read MoreYes. Final child support orders can be appealed without leave of the court but if it is a temporary order for child support, you will need the permission of the court to appeal. If the amount on appeal is less than $25,000 over the course of the year, your appeal will be to the Divisional …
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