Separation occurs when one spouse decides the relationship is over and advises the other party of such decision.
When two spouses separate, there are many issues that must be addressed, including property, support and parenting issues (if applicable).
Divorce is the legal process that formally ends the marriage.
Deciding where the children will live and who will make their decisions is often one of the most stressful aspects of a separation.
Parenting time is the time a child spends in the care of each parent and includes responsibility for the child’s daily needs during that time.
Decision-making responsibility is the authority to make important decisions about a child’s upbringing, such as education, health care, culture, religion, and significant extracurricular activities. These arrangements are based on the child’s best interests.
Avoid unfair, or unlawful, property division by obtaining legal advice first.
A division of property and assets includes the process of identifying, valuing, and fairly dividing property acquired during a relationship or marriage. This may include homes, vehicles, savings, pensions, investments, and debts.
The goal is generally to ensure an equitable distribution of financial interests when spouses separate or divorce.
Children are entitled to financial support from both of their parents.
The amount payable and by whom is often determined by the Child Support Guidelines which takes into consideration factors such as incomes of the parents, parenting arrangements, and the child’s specific needs.
Both common law and married spouses have rights to spousal support but spousal support is not owed in every situation.
The amount and duration of spousal support is based on many factors.
Its purpose is to address economic disadvantages arising from the relationship, promote financial fairness, and help a lower-earning spouse become self-sufficient where appropriate. The amount and duration depend on factors such as income, length of the relationship, roles during the relationship, and each spouse’s financial circumstances.
From Cohabitation Agreements, Marriage Contracts and Separation Agreements, we can guide you to a resolution if the involved parties are able to agree to terms.
A domestic contract is a legally binding agreement between individuals in a family or intimate relationship that sets out rights and responsibilities regarding matters such as property, support, finances, and other family issues.
Domestic contracts can help clarify expectations, reduce disputes, and provide certainty if the relationship changes or ends.
If the involved party's cannot come to an agreement, the resort is litigation which can be a costly and lengthy process.
Litigation is the formal process of resolving family law disputes through the court system when parties cannot reach an agreement. It may involve filing court documents, attending conferences, presenting evidence, and appearing before a judge, who makes legally binding decisions.
We do our very best to avoid litigation.
When there are no outstanding legal issues between the two party's, an uncontested divorce is often the final step.