Bair Family Law

Professional Corporation

Family Law

Divorce and Your Family Home – What are Your Rights?

matrimonial home

11-12 minutes read.

Dealing with the breakdown of marriage can be emotionally and financially challenging, but it is not the point where things simply end. With the breakdown of the marriage, numerous issues arise, and one such issue is the division of property. For most couples, the matrimonial home is the asset with the highest monetary and sentimental value, but how do you divide a physical asset that is embedded deep in the ground? An experienced family lawyer can certainly help. So here are some key pieces of information that you should know when dealing with your matrimonial home(s).

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Mediation – It Could Be the Best Family Law Decision That You Make

mediation family law

 Why mediation?

The promise of mediation is that it will be faster, less expensive and more collaborative than the court-based alternative to addressing family law disputes. If the right compliment of factors is present, then mediation can absolutely deliver on this intent and, in many cases, can reduce the emotional strain on all parties.

While mediation is a tremendous option for many, there are some misconceptions about the process that could prevent some people from exploring it. One such misconception is that everyone is well suited for Court, or other adversarial resolution processes. Another is that parties cannot seek to resolve all issues through mediation before ever testing more toxic, adversarial resolution processes.

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Minimizing Family Law Cost

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minimizing family law cost

When you step into the offices of a Family Law lawyer, you are facing decisions that will touch every aspect of your life in a profound way. You want the very best support and representation but, as with all other expenditures in life, you have a budget. What can you do to manage your cost and maximize your favourable outcome? To avoid the stumbling blocks that people regularly face in settling their Family Law concerns, employ these tips from an experienced Family Law lawyer.

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What To Expect at A Family Court Conference

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family court conference

Divorce lawyers have stepped into the hallowed halls of a Courthouse so many times that it is second nature to us. We are in our element in a place that can be alien, and very daunting, to others. So, each time we enter a Courthouse with our client, we need to remind ourselves that this is, almost certainly, a first for them. Our clients are generally highly stressed and uncertain as to the process. They are nervous as to what will be asked and expected of them. I’ve had clients report that they have experienced sleeplessness, weight loss, lack of productivity in their work and home lives and other physical and emotional challenges due to the stress of an upcoming Court attendance. It shouldn’t have to be this way.

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The View from A Senior Family Law Lawyer

view from a senior lawyer

Why Family Court is Likely Your Very Worst Option

Over the course of decades of practice, I have had many clients step into my office who are ripe and ready for a battle. They have been secretly recording their spouse’s actions and conversations. They have gained access to their spouse’s computer files and accessed private information. They have coached the children to report that they wish to reside with them. They have disclosed to the children the wrongdoings of the other spouse. They have made a journal of all of their spouse’s misdeeds, for weeks or months. They have come to the table with bared fangs.  With every one of these interactions, my spirit wilts, for this is the most tortured and unproductive way to approach the end of a relationship; the reorganization of a family or couple’s life and the creation of a healthy future.

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Child Custody & Access

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Child Custody & Access 1

As you contemplate a separation or divorce, the well-being of your children is first and foremost in your mind.

You may know of children who have experienced emotional harm as a result of the breakdown of their parents’ relationship. Your children do not have to live this experience.

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Child Support

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Child Support 2

Every parent has an obligation to provide child support for his/her children.

The amount of child support is determined by the Child Support Guidelines. The Child Support Guidelines provide a relatively straightforward and predictable tool for support determination. They utilize the income of the child support pay or and the number of children, among other variables, to identify the child support amount.

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Spousal Support

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Spousal Support 3

In some circumstances, one spouse will have to provide ongoing financial support to the other.

This payment is called “spousal support”. In some jurisdictions, but not in Ontario, this payment is also called alimony. Married spouses and “common-law” spouses, whether they are same sex or opposite sex spouses, can be called upon to pay spousal support.

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Property Division

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Property Division 4

Where Will You Land?

Where will you live once your separation is complete?  Will you have to sell the family home? Can you afford to maintain the family home? How will the value of large assets, like a pension, a business or real estate, be shared when a relationship ends? Must you share your inheritance with your spouse? Must you share gifts received by you with your spouse? Uncertainty about these types of questions can lead to worry.

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Bair Family Law
– Helping Families –
In Barrie and Beyond