We can assist you with a variety of family law matters including:
- Division of Property
- Spousal Support and Child Support
- Child Custody/Access
- Domestic Contracts
Separation and Divorce
Many separations and divorces can be handled without going to court provided that both parties are willing to negotiate a separation agreement.
Separation Agreements allow separating partners to negotiate the terms of their own separation and cover all important matters including property division, spousal support, child support and child custody.
If you choose to enter into a separation agreement we can advise you on your rights and obligations, prepare the required document and negotiate and finalize the terms on your behalf.
Once a separation agreement has been properly executed you will be able to proceed to obtain a simple (also known as an uncontested) divorce. We are able to handle all aspects of the divorce and will advise you of the necessary steps and timelines involved.
Litigation should always be a last resort, however when negotiation fails and you simply cannot come to an agreement litigation may be the only way to bring your case to a fair and reasonable resolution. If you and your former partner are unable to reach an agreement on important things like how to divide property, spousal support or custody of your children, you may need to file a court application and ask a judge to resolve the dispute.
We can represent you through the litigation process from start to finish and we will fight to ensure you that receive the best possible outcome in your case.
Protect Yourself for the Future with a Domestic Contract
Many of the issues that arise during separations could and should have been addressed ahead of time through a domestic contract such as a prenuptial or cohabitation agreement. Planning ahead for the possibility that your relationship may not work out, although an unpalatable topic, is the single most important thing two people can do to avoid the bitter and expensive conflicts many separating partners unfortunately find themselves in.
Do I need a prenuptial agreement?
A prenuptial agreement can protect you by allowing you to exclude certain assets from division and determine support obligations, if any, should your marriage end in divorce. These are particularly beneficial in cases where one party is coming into the marriage with significantly more assets than the other, or where either party has had a previous marriage or common law relationship. It allows both parties to determine which assets will be subject to division if the parties separate, whether or not support may be payable to the other party, etc. It allows both parties peace of mind and certainty prior to making their vows.
I’m not married but I live with my partner. Do I really need a cohabitation agreement?
While common law spouses do not yet have statutory rights to property division, the reality is that there are several exceptions whereby common law spouses may, in fact, make claims against each other’s property. A cohabitation agreement can protect you by ensuring that your rights and obligations are defined by mutual agreement. It can also help to ensure that if you and your common law spouse separate you will not find yourself on the other end of an unexpected claim against your property, or a claim for support.
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