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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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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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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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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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In Ontario, married spouses are expected to equalize the value of all of the property that they acquired during their marriage, with certain specific exceptions, which are discussed below.
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Many unmarried, cohabiting couples assume that, if they separate, each of them will share one-half of all of the assets, or wealth, that they accumulated as a couple. This is an inaccurate, though widely held, belief. An unmarried, cohabiting spouse does not have any automatic right to share in the property of his or her partner, in the event that they separate.
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Achieving financial wellbeing, present and future, is one of the most important goals for separating spouses.
Uncertainty and fear about the financial future can fuel needless family law battles, even though the cost of such battles does not advance the goal of financial wellbeing.
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In the very best case scenario, you and your spouse will be able to communicate directly to negotiate a Family Law result that is best suited for you. Most people would be reluctant to participate in this type of negotiation without receiving advice from a family lawyer about possible outcomes. It is essential that you obtain sound information and advice from a family lawyer.
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Mediation is a problem solving process in which separating spouses work with a neutral third party, the mediator, who assists them in finding solutions to their Family Law issues. The mediator does not provide participants with legal advice and does not make a decision about issues over which the participants disagree. Instead, he or she uses tools which help the participants to overcome areas of disagreement and arrive at a settlement.
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If you are separating or divorcing, everything that is most important to you is at stake: your children, your finances, your business, your home, your savings and investments.
Managing the Family Law process is complex – too complex to be taken on without legal support. We can help.
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