SEPARATION AGREEMENT &
The term Divorce simply refers to the “paper process” of exchanging your marriage certificate for a Divorce Order.
In order to obtain a Divorce Order, you must first commence a court Application.
In this Application you must outline your ‘grounds’ for Divorce such as:
Living separate and apart for a period of more than one year;
Your spouse has committed adultery; or
Your spouse has treated you with cruelty (physical or mental cruelty of such a kind
as to make continued cohabitation intolerable).
A Divorce Application can take several months to finalize, however, the actual Divorce
will not be granted until the one-year period of separation has elapsed.
A Separation Agreement is a legally binding contract which outlines the terms of the parties' separation.
A Separation Agreement is not a Divorce Order. Once a couple has reached their one-year separation period, either party (or both) can obtain a Divorce Order from the court.
COLLABORATIVE FAMILY PRACTICE
Collaborative Family Practice is a form of Alternative Dispute Resolution
that focuses on interest-based negotiation.
Collaborative Family Practice requires the voluntary participation and willingness of both parties to work through the legal issues civilly and amicably. In Collaborative Family Practice, parties resolve their disputes respectfully, with the assistance and guidance from their lawyers to achieve a settlement that is tailored to the specific needs and unique circumstances of all parties involved. This is where our expertise come into play.
When considering whether Collaborative Family Practice is a potential option for you, ask yourself the following questions:
Can I respect my spouse even when we disagree?
Are my children’s needs my top priority?
Are both mine and my spouse’s needs equal in my mind?
Can I listen to my spouse’s objectively?
Can I work creatively and cooperatively with my spouse?
The guiding principle of Collaborative Family Practice is mutual respect, understanding, and cooperation between both spouses and the goal of Collaborative Family Practice is to build a settlement and ensure a positive outcome for all.
Learn more about Collaborative Family Practice at collaborativepracticesudbury.com
The process of a separation is incredibly stressful on its own.
Maintaining your children's well-being under such circumstances is even more stressful. We understand that the well-being of children is often any parent’s first priority when they separate from their spouse. As your Family Lawyer, this priority
passes on to us.
Custody and access can be confusing and concerning when there are children involved. Most people are unaware that custody and access are actually two separate terms, mistakenly used interchangeably. “Custody” is a term that refers to the right to
make major decisions that impact the child, such as religion, medical treatment and education. "Access" (also known as “parenting time”) on the other hand, refers to the time that the child spends with the parent with whom they do not primarily reside with.
Both custody and access is determined based on the child’s best interests.
We have in-depth experience and knowledge regarding child-related issues of custody
and access. You can trust us with your child's best interests. We will assist you with crafting a custody arrangement or parenting plan that puts your child first.
The amount of child support a payor parent is obligated to pay is often referred to as the "table amount" as this number is derived from a table of calculations set out in the Federal Child Support Guidelines. This table amount is calculated based on the payor’s income and the number of children that they are required to support.
In addition to basic monthly child support or the table amount, section 7 of the Federal Child Support Guidelines specifically addresses those “special or extraordinary expenses” which the basic monthly child support or table amount does not include.
Finances are the most common concern upon separating from your spouse.
Whether you are the higher or lower income earner, the subject of your finances is crucial, and often the indicator of your quality of life, going forward.
You or your spouse may be entitled to claim spousal support, regardless of whether
you were married or in a common-law relationship.
When determining if spousal support should be paid, the first hurdle is to determine whether the spouse claiming support is legally entitled to spousal support.
Whether you are the support recipient or support payor, consulting an experienced
Family Law lawyer about your potential rights, risks, and obligations regarding spousal support is the only way to determine whether spousal support will be paid.
Upon a separation, both parties need to determine all property, including but not limited to assets, and liabilities, that they accumulated during their relationship. Property includes but is not limited to your matrimonial home, cottage, vehicle, investments, bank accounts.
The division of property can be complicated. Also married spouses have different property rights under the law than common-law spouses.
Married couples are entitled to a legislated property division regime, known as “Equalization”, which is set out in the Family Law Act. Common law spouses are not entitled to the same legislated property division.