Family Law Group Blog

Managing the Holidays after Divorce

Tue, 22 Dec 2015 08:00:00 GMT

Many people look forward to the holidays and gathering with family and friends. No matter what you celebrate, spending time with loved ones is something most people enjoy.

When you’re divorced, however, holidays can be stressful. This is especially true for couples with children. Coordinating schedules and vacations when both parents want to spend time with the kids can add layers of frustration and anxiety to an otherwise happy time. School concerts, family parties, and other events also force parents to interact more than usual – something that can be challenging when the parents are not normally on the best terms.

According to Psychology Today, there are ways parents can manage these interactions.

Keep the focus on the kids. The holidays are generally geared toward children. Whether you are a religious or secular family, the season is a time of magic and wonder for young kids. Encourage your child to celebrate and spend time with the other parent.

Don’t compete with your ex. Although reindeer games are traditionally part of certain holiday celebrations, avoid games with your ex-partner. Don’t engage in power struggles or competitions to win your child’s affection. Children are very perceptive and can usually discern when a parent is trying to outdo the other parent. Most children are happiest simply by spending quality time with both parents.

Communicate. Communication is key to a smooth relationship with your ex, especially during the busy holiday season. Don’t make assumptions about schedules and time off. Work with your child’s other parent to make the season as conflict-free as possible.

Don’t delay planning. The holidays can be stressful enough without adding family conflict to the mix. People rush around trying to purchase gifts, schedule parties, and finish up work before taking vacation time. Plan ahead to show your ex you respect his or her valuable time.

When it comes to managing relationships after divorce, a little effort really does go a long way. To discuss modifications to your parenting agreement or other important matters, give us a call today.

Keeping the Kids Away from Conflict

Fri, 18 Dec 2015 08:00:00 GMT

The decision to divorce is usually stressful, even in cases where the spouses agree on some or all of the issues. When children are involved, stress levels are generally much higher. Most parents want the very best for their children. Unfortunately, the emotional tension involved in the separation process sometimes spills over to the kids.

Common Mistakes Parents Make During and after Divorce

According to one family and divorce expert , there are several common mistakes parents make with respect to their kids and divorce.

Using the child as a messenger. Experts stress the importance of the parents communicating directly with each other. Fortunately, modern technology makes it possible for parents to text and email if they have difficulty speaking face to face. However challenging it is to communicate, parents should not use their child as a go-between. This forces the child to choose sides and can drive a wedge between the child and one or both parents.

Venting frustration in front of the child. Children and teenagers are very perceptive, and they can easily pick up on a parent’s anxiety. Parents should avoid discussing the other parent in a negative light in front of their children.

Grilling the child about the other parent. It’s important for children to experience close bonds with both parents. When a child returns from spending time with the other parent, parents should take care to keep any questions general and lighthearted.

On the other hand, it’s also important for parents to stay attuned to their child’s feelings about frustrations or negative circumstances occurring in the other parent’s home.

Family and divorce expert Gary Neuman suggests asking open-ended questions that allow a child to expand on what they are feeling. For example, a child may be struggling to adjust to a new stepparent or dealing with sadness about the divorce. Parents should not ignore these emotions.

Furthermore, parents should not ignore the child’s relationship with the other parent. Staying silent about the other parent or refusing to acknowledge the child’s relationship with the other parent can cause the child serious emotional and psychological damage.

The Rise of the “Gray Divorce”

Wed, 09 Dec 2015 08:00:00 GMT

Over the past few years, social scientists have noted an increase in the number of divorces among older couples. One of the first studies on the subject, which was conducted at Bowling Green State University in Ohio, looked at the increase in so-called “gray divorces” between 1990 and 2010. In 1990, the study reports, divorce among couples age 50 and over was just 10 per cent. By contrast, the number jumped to 25 per cent by 2010.

The trend seems to cross international borders, as well. In England , older divorcing couples are sometimes referred to as “silver splitters.” In 2011, the number of people over age 60 getting a divorce in the UK was 15,300. In 1991, however, the number was just 8,700.

The phenomenon also occurs in Canada, where divorce rates have decreased for all age groups except people over 50.

Why Do Older Couples Separate?

According to the study performed at Bowling Green, there are many reasons why more people in the Baby Boomer generation and beyond are choosing to end their marriages.

Social scientists believe one of the main reasons for the increase in gray divorce is changing attitudes about marriage. Whereas divorce was something of a social taboo even just a century ago, modern individuals don’t generally regard divorce as a moral issue. Rather, people today are more likely to accept a divorce as a reasonable decision made by two adults.

In other cases, people near retirement age and wish to be content in their golden years. An unhappy marriage can be a major impediment to fully enjoying life as a retiree. Once children are grown and away from the family home, married couples can grow apart, leading to a mutual decision to divorce.

Additionally, people are living longer. Moreover, people are experiencing good health and more active lifestyles well into their senior years compared to even just a generation ago.

Divorce for Seniors

Generally, the divorce process for an older couple does not differ from the process for a younger couple or spouses in middle age. There are, however, sometimes unique financial issues to consider. Many older people have significant resources, such as retirement plans, they have accumulated over time. Understandably, they want to preserve as much of their wealth as possible. In other cases, older adults have limited resources because they are no longer in the workforce. A divorce can be a huge blow to their financial stability.

In either case, it is important for older couples to work with an experienced family law lawyer to ensure their separation is properly handled.

Family Law Group of London Puts Family at The Forefront

Fri, 04 Dec 2015 08:00:00 GMT

Updated on May 13, 2025: This article was originally published on July 2, 2020 and has been updated to include the latest information.

As contemporary life grows increasingly complex, the legal definition of family often requires careful navigation. In these evolving times, families facing transitions such as separation, divorce, parenting time and decision-making disputes, child support, spousal support, and property matters need the guidance of a knowledgeable and compassionate legal team. The Family Law Group of London stands ready to provide that support, offering unparalleled expertise and personalized attention to families throughout these sensitive life events.

Dedicated exclusively to the practice of family law, the Family Law Group takes pride in its team of like-minded lawyers who prioritize the needs of the families they serve. This boutique firm has grown to include eight lawyers, each committed to making life’s transitions as smooth as possible.

The Family Law Group offers personal, professional, and compassionate service to individuals navigating through separation or who have already separated from their spouse or partner. “No matter what family matter you bring to us, we’ve seen that scenario before. And with an experienced team, we can bounce ideas off of each other to serve you well,” explained Walters. When experience and dedication are paramount, clients can trust the Family Law Group to provide dedicated and attentive service.

Brenda Barr , founder of Family Law Group, brings years of experience to her role. Her background in social work, including roles with Child and Family Services of Waterloo Region and the Children’s Aid Society of London and Middlesex, informs her empathetic approach to family law. Brenda is deeply committed to finding resolutions that are not only legally sound but also respect the individual needs of all parties involved.

Daniel Macdonald brings extensive litigation experience from his diverse legal background, which includes intellectual property litigation, insurance defence, and personal injury law. His experience appearing before various levels of court, including the Ontario Superior Court, Divisional Court, and the Ontario Court of Appeal makes him a valuable asset to the firm.

Caitlin Reid is an integral part of the Family Law Group. In addition to her litigation work, Caitlin emphasizes negotiation, mediation, and other forms of alternative dispute resolution. Her goal is to provide clients with options that meet their specific needs, always striving for fair and equitable outcomes.

Laura Moyer , a London native, brings a commitment to community service to her work at Family Law Group. Her experience volunteering with Pro Bono Students Canada's Family Law Project during her time at Western University instilled in her a passion for ensuring access to justice. Laura’s practice focuses on providing client-centered solutions.

Mai Jamal brings valuable experience assisting marginalized community members to her role at Family Law Group. Called to the bar in 2009, Mai practiced in Toronto before settling in London with her family. Her experience working with diverse clients in administrative, criminal, and family law matters enables her to provide compassionate and knowledgeable legal counsel. Mai is deeply committed to finding resolutions that respect the individual needs of all parties involved.

Ashley Healey brings a strong focus on family law litigation and alternative dispute resolution to the Family Law Group team. Having developed her expertise at a well-respected London firm, Ashley emphasizes finding practical solutions that meet each client's unique needs. Her advanced training in family law allows her to guide clients through complex legal processes with sensitivity and attention to detail, making life's transitions as smooth as possible.

The Family Law Group is deeply committed to providing clients with a well-rounded team. Caroline Rolling and Madison Relouw , the firm's newest lawyers, further contribute to this objective with their diverse backgrounds and commitment to client-focused legal service. Caroline honed her interest in family law during her time at a full-service law firm in Thunder Bay, while Madison gained firsthand experience assisting family law litigants through her volunteer work with Pro Bono Students Canada and Western Law's Community Legal Services. Their combined expertise allows them to confidently guide clients through a range of family law matters.

On your first appointment, known as an Initial Consultation, the Family Law Group team will review your unique situation in detail. They will explore your rights and obligations within your specific situation and provide direction and advice to assist you in making informed decisions.

Once the Family Law Group has been retained, the team will strongly advocate on your behalf for a fair and comprehensive settlement geared to your needs and those of your family.

The Family Law Group is conveniently located at 1579 Hyde Park Road, London, ON, N6H 5L4. For information, call 519-672-5953 , or visit familylawgroup.ca .

Original Article Credit: www.lfpress.com ( View Post )

What Are the Grounds for Divorce?

Fri, 27 Nov 2015 08:00:00 GMT

The Divorce Act allows married couples to divorce under one of three grounds – all of which fall under the term “breakdown of the marriage.” These three grounds are:

Living separate and apart for a minimum of one year
One spouse has committed adultery
Physical or mental cruelty inflicted on one spouse by the other

In the vast majority of cases, the parties use the ground of living separate and apart for one year as the basis for their divorce. In these cases, neither party is required to show that the other person caused the marriage to break down.

Furthermore, the parties don’t actually have to live in separate households to be considered living separate and apart. Separation can be shown by each person having his or her own bedroom or sleeping arrangements even if the parties still occupy the same residence – a situation that sometimes occurs when the parties don’t have the financial resources to physically live in two separate households.

Adultery and Cruelty

Unlike living separately, the grounds of adultery and physical and/or mental cruelty require the spouse claiming the divorce should be granted on these grounds to provide evidence they occurred. It’s also important to note that the spouse who committed the adultery or engaged in cruel behaviour toward the other spouse can’t bring a divorce action under these grounds.

As a practical matter, comparatively few people choose to divorce under grounds of adultery or cruelty, even if one spouse’s adultery or cruelty actually caused the marriage to break down. Because gathering sufficient evidence of these acts can be costly, time-consuming, or a source of embarrassment, it’s usually much more straightforward to use a one-year separation as the basis for a divorce.

Reasons to Consider a Cohabitation Agreement

Wed, 18 Nov 2015 08:00:00 GMT

When it comes to the law, the biggest difference between being in a marriage and a common-law relationship is the way your property is treated once the relationship ends.

In a marriage, marital property is divided between the spouses – a process known as “equalization.” In a common-law relationship, however, each partner takes back the property they brought into the partnership. This may sound straightforward, but things can quickly become complicated in situations where partners have commingled their property – a situation that often happens in relationships that span several years or those that feature children born of the common-law relationship.

Census data reveals that the number of common-law relationships is on the rise, with the number of common-law couples increasing to 16.7 percent of all families as of 2011.

The Benefits of a Cohabitation Agreement

Property disputes in common-law relationships can be avoided by using a cohabitation agreement. Without one, a former partner may be able to make a valid claim on assets owned by the other partner. By entering into a cohabitation agreement, the parties can decide in advance how they will handle the division of property, investments, and any other assets they choose to list in the agreement. This can be especially critical if one partner owns a significant asset or expects to receive a sizeable inheritance or gift down the road. Additionally, a cohabitation agreement can be beneficial in cases where one or both partners own a business.

Although most people don’t like to contemplate a breakdown of their relationship in the future, entering into a well-structured cohabitation agreement can save both sides a lot of time and money in the event they decide to part ways.

Divorcing an Abusive Spouse

Fri, 13 Nov 2015 08:00:00 GMT

Intimate partner violence can take many forms, including physical violence, sexual assault, and emotional abuse. Although both genders can suffer abuse in a relationship, statistics show that women are more often victims in intimate relationships. The Royal Canadian Mounted Police reports that women are more likely to experience abuse at the hands of an intimate partner; women are also at greater risk for severe violence.

If you are considering separating from an abusive partner, you’re not alone. There are methods available to ensure you and your children remain safe during the divorce process.

Help for Victims of Abuse

If you have suffered any form of abuse in your marriage or other intimate relationship, you have important rights and options. The first step is to acknowledge the signs of abuse, whether they are physical, verbal, emotional, or sexual in nature. There are many excellent counselling resources available that can help victims of abuse rebuild their lives after leaving an abusive relationship. Counsellors and other professionals can also help you gather the evidence you need to gain primary custody of your children in cases where the other parent has been abusive toward them.

It’s also important to ensure your safety. In some cases, it’s necessary to obtain a peace bond or restraining order to prevent an abusive spouse from contacting you and/or your children. A peace bond is issued by a Justice of the Peace in cases where a person has threatened violence against another person. A restraining order, which is sometimes referred to as a “no-contact order,” is issued by the Family Court.

What Can I Do if My Ex Has Fallen Behind on Child Support?

Tue, 03 Nov 2015 08:00:00 GMT

When a child support payor (the person responsible for paying support) falls behind on his or her support obligations or stops paying altogether, it can create a tremendous financial burden for the child support payee (the person who receives support).

Likewise, falling behind on child support payments can result in severe consequences for the payor.

Whether you’re the child support payor or payee, this is a situation to avoid whenever possible.

How Child Support Is Enforced

Child support orders are enforced by the Family Responsibility Office (FRO), which is authorized to take specific actions when a payor stops paying support or falls behind on support. The FRO oversees child support orders in both separations and divorces.

When a support-paying parent fails to meet his or her child support obligations, the FRO has several methods of collecting unpaid support.

For example, the FRO can garnish the paying parent’s wages or their bank account (up to half of their bank account if it’s a joint account with another person). It also has the authority to suspend the payor’s driver’s license. In some cases, the FRO will also revoke a child support payor’s passport or place a lien against the payor’s real estate or personal property. Additionally, payor parents can also have their unpaid child support payments reported to the credit bureaus.

Some child support payees choose to forego child support payment processing through the FRO. Instead, they opt to receive their child support payments directly from the payor. When a non-payment issue arises, however, they have no way to enforce their child support order. The payee parent may have to pay a fee to file his or her child support order with the FRO to begin enforcing it.

However you plan to receive child support, it’s important to work with an experienced family law lawyer.

Social Media and Your Divorce

Fri, 30 Oct 2015 07:00:00 GMT

These days, nearly everyone maintains at least one type of social media account. Whether you’re on Twitter, Facebook, LinkedIn, or some other form of social platform, sharing certain types of information online during the divorce process can hurt your case.

Before you post something on the Internet, think about whether it could affect your case. Here are some things to consider when using social media during a divorce:

Be Vigilant about Your Online Image

When people are going through a divorce or separation, it’s not unusual for tensions to run high – especially when there are disputes regarding which parent should have primary custody of the children. Social media posts that portray you in a negative light can be used by the other side in an attempt to show you are unfit. Avoid making disparaging comments online about your case or your ex. Also consider how a photo or comment could be perceived by the other side or the family law court. For example, a series of photos showing you intoxicated at a party are unlikely to create a positive image.

Don’t Rely on Privacy Settings

In most instances, it’s best to assume that anything you post online can be viewed by anyone with access to a computer and the Internet. The privacy settings and policies vary from platform to platform. Moreover, many social sites are constantly changing their settings. It’s very common for users to post something with the assumption that it’s private, only to find out later that it can be accessed by people they never intended to see it.

Deleting Something Doesn’t Necessarily Erase It

There is a popular saying in the tech world: The Internet is forever. In other words, once something is online, it stays there in some format even after the original author removes it. For example, you may post a photo online, only to remove it days later. In the interim, something else may have copied it and reposted it online.

Help for Parental Alienation Cases

Sat, 24 Oct 2015 07:00:00 GMT

Child custody and access cases can be difficult for parents as well as the children. Unfortunately, kids sometimes get stuck in the middle of the parents’ conflicts. It’s natural for children to be attuned to their parents’ emotions. In a divorce or separation, kids are usually aware of conflicts and disagreements no matter how much parents try to shield them.

When a disagreement between parents causes a child to feel negative or disparaging toward one parent, however, the parent-child relationship can suffer irreparable harm. The law refers to this situation as “parental alienation.”

Unintentional vs. Intentional Parental Alienation

Parental alienation can happen intentionally and unintentionally. When the parents’ relationship ends, one parent might say negative things about the other parent in front of the child without thinking about how it affects the child. Nevertheless, the child may become influenced by these negative comments until the child begins to feel negatively toward the other parent.

In other cases, the alienation is deliberate. Parents may “coach” their child to tell mental health professionals negative and inaccurate information about the other parent. In other cases, parents have manipulated their children’s affections by purchasing the children excessive gifts or making unrealistic promises. In many cases, the parent with primary custody is responsible for alienating the children from the other parent, although parental alienation can be caused by either parent.

What Can I Do if My Ex Is Alienating My Kids?

Fortunately, courts take parental alienation very seriously. If you believe your ex is engaging in behaviour that is damaging to your relationship with your children, call to discuss your options. In some cases, we can stop the behaviour by notifying the other parent of your concerns and simply asking for it to stop. In other situations, the court may need to issue an order regarding the parental alienation. In extreme cases, the court also has the authority to revoke the other parent’s custody.

Can I Stop My Ex from Moving with Our Child?

Sat, 10 Oct 2015 07:00:00 GMT

Parenting after a divorce can be difficult even when you and your ex live in the same community. Coordinating schedules and arranging visitation times requires a lot of communication and cooperation. But what happens when the parent with primary custody wants to move across the country? Or to another country altogether?

If you are facing a parent mobility issue, you probably have a lot of questions. You may be understandably anxious about the prospect of your child moving far away. If your ex has notified you that he or she intends to relocate, it’s important to speak with an experienced family law lawyer as soon as possible.

The Best Interests of the Child

Ontario courts have held that a proposed move must be in the best interests of the child. It’s important to note that the courts make no presumption in favour of either parent. Although no court can order a parent not to move, the courts do have a right to prohibit a parent to move a child.

To determine if a move is in the child’s best interests, the courts look at a number of factors, including:

The current custody arrangement
The child’s relationship with the custodial parent
The child’s relationship with the access parent
The child’s wishes
Why the parent wishes to move
How the move will affect the child with respect to leaving his or her school, community, and other family members
How the move will impact the access parent’s visitation

The court may also consider other factors depending on the unique issues in the case.

If you are an access parent confronted with a parent mobility issue, you may be able to fight your ex’s proposed move. Access parents have successfully argued that a move will disrupt the child’s life and relationships. In some cases, parents have also been able to show that a move was just an attempt to keep the access parent from seeing the child.

Are the Things I Tell My Lawyer Confidential?

Thu, 01 Oct 2015 07:00:00 GMT

When you discuss your family law case with your lawyer, you want to know that your communications – whether written or verbal – are private and confidential. The law imposes a duty of confidentiality on lawyers when it comes to communications between the lawyer and his or her client.

Once you establish a lawyer-client relationship, your lawyer must keep all communication that relates to legal advice confidential. With few exceptions, the duty of confidentiality under the “solicitor-client privilege” remains in place even after your case concludes and the lawyer-client relationship terminates.

Exceptions to the Solicitor-Client Privilege

As with most rules, there are exceptions to the rule of privileged communications. One of the most comprehensive exceptions is client waiver. A lawyer is not required to maintain a client’s confidence if the client waives confidentiality, either explicitly (in writing, for example) or implicitly. For example, if you tell your lawyer something and then later post the exact same information on Facebook, the information is no longer protected by the solicitor-client privilege.

Your lawyer can also break confidentiality if he or she reasonably believes a disclosure of confidential client information is necessary to prevent death or serious bodily harm. If, for example, you tell your lawyer you intend to kidnap your child or harm your spouse, and your lawyer reasonably believes you intend to act on your threat, he or she can break confidentiality.

Telling Third Parties Confidential Information

It’s worth noting that third parties are not bound by the lawyer’s duty to maintain confidentiality. For example, if you invite a family member or close friend to accompany you to your lawyer’s office, these third parties are under no legal obligation to keep the things you tell your lawyer private.Are the Things I Tell My Lawyer Confidential?

What Happens to Pets in a Separation?

Tue, 29 Sep 2015 07:00:00 GMT

For many people, dogs and other pets are much more than animals – they are part of the family. Upon divorce or separation, many people wonder what will happen to their pets. What if you can’t agree who takes the dog? Can you share ownership of your pet?

Animals Are Personal Property

Although you or your spouse might consider your beloved pet a family member, the courts have ruled that dogs and other animals are personal property – just like a house, a painting, or a bank account. As such, the animal must be divided like any other piece of personal property the couple owns.

Obviously, it’s impossible to equally divide a living thing. Furthermore, it’s usually unacceptable to the parties to sell the animal and divide the proceeds of the sale. Despite the close attachment between pet owners and their pets, family law courts will not permit the parties to apply child custody and access solutions to the question of their animals.

Instead, courts tend to look at several factors to determine which spouse has more right to the animal. The court may consider the following:

Which spouse bought the animal
Whether the animal was a gift to one spouse
Which spouse is responsible for the animal’s training, veterinary care, and everyday care (feeding, walking, etc.)
Where the animal has been living since the parties separated
If there are children, whether the children have a relationship with the animal
Which spouse pays for the animal’s expenses, including vet bills, food, toys, and other supplies

In cases where an animal is part of a farm, ranch, or breeding business, the issues are much more complex. In these situations, it’s usually necessary to have a financial expert appraise the animals to determine their value. Because these cases typically involve business interests, they are much more complicated than a case involving a family pet. If you and your spouse own an animal as part of a farm, ranch, or breeding business, call us to discuss your case.

Address Family Pets in a Separation Contract

To avoid having the court decide which person gets the dog or other pet, it’s best to include provisions regarding any animals in your separation contract. By discussing your animals with your spouse, you’re much more likely to reach a mutually satisfactory agreement that allows humans and animals alike to live peacefully.

Make Sure Your Domestic Contract Will Survive Any Challenges

Mon, 21 Sep 2015 07:00:00 GMT

Colloquially known as “prenups,” domestic contracts are something many engaged or cohabitating couples consider unromantic or unnecessary. When you consider the potential cost of ending a marriage, however, a domestic contract makes good financial sense.

The Ontario Family Law Act allows couples to create domestic contracts that spell out how they will handle finances and other issues in the event their relationship breaks down. For cohabitating (unmarried) couples, these agreements are generally referred to as “cohabitation agreements.” For couples about to marry, they are typically known as “marriage contracts.”

Whether you’re tying the knot or entering a committed relationship, you want to make sure your agreement holds up over time. Here are several things to keep in mind as you draft your domestic contract:

Plan for Change

If you and your significant other are entering a cohabitation agreement but plan on marrying in the future, include language that transitions your cohabitation agreement into a marriage contract upon marriage.

Acknowledge Change

It’s important for your agreement to explicitly recognize the likelihood that your circumstances will change. As the years pass, it’s inevitable that your employment, finances, and lifestyle will evolve. Make sure your agreement acknowledges that the contract is entered into with these changes in mind.

Get Independent Counsel

Your domestic contract is more likely to withstand challenges if you and your significant other retain independent legal counsel. Your lawyer will make sure you understand the agreement and what it means for your finances and your future.

Make a Full Financial Disclosure

For a domestic contract to be valid, both parties must fully disclose all assets to one another.

What Is a Separation Agreement?

Thu, 10 Sep 2015 07:00:00 GMT

Ending a relationship can be overwhelming, especially when you’re confronted with unfamiliar legal terminology. Familiarizing yourself with some of the more common terms can help you feel more comfortable as your case proceeds.

When you decide to divorce or separate, a “separation agreement” is the contract in which you and your partner resolve all of the issues in your case. Depending on the specific issues in your case, your separation agreement may include provisions for:

Property division
Child support
Spousal support
Child custody and access
Who will stay in the home or if it will be sold
How debts will be divided

It’s important to remember that this document is legally binding and will affect nearly every aspect of your life, from your children to your assets. It’s critical to understand how your agreement impacts your life immediately and over the long term.

The Benefits of a Separation Agreement

When the couple can’t agree, they must rely on the court to determine the issues in their case – an option that can be both costly and time-consuming. Although you aren’t required to have a separation agreement, it could end up costing you time and money down the road if you forego one. Without a separation agreement, it can be extremely difficult to prove that your spouse agreed to a specific arrangement. Ultimately, you may end up in court to settle a dispute. A separation agreement offers numerous benefits over a court proceeding, including greater flexibility and the ability to tailor the agreement specifically to the couple’s needs.

What Happens to the Marital Home in a Divorce?

Sat, 05 Sep 2015 07:00:00 GMT

For many people, the family home is their most significant asset. When a marriage ends, one of the most important questions is what happens to the marital home? How should it be divided? Is it possible for one spouse to continue living in it? Generally, there are two options: sell the home and divide the proceeds, or one person remain in the home and buy out the other spouse’s financial interest.

Selling the Home

If the couple wishes to sell the home, they must agree on a sale price. In most cases, it makes sense to work with a real estate agent. An agent provides a neutral perspective on the home’s value. The agent can also make suggestions about required repairs and a marketing plan for selling the property.

In some cases, it’s also a good idea for the parties to agree in advance on a timeline for reducing the asking price if the house fails to sell within a specific time period. This can help the couple avoid conflicts down the road.

Keeping the Home

In some situations, selling the home is impossible or undesirable. For example, a weak economy might mean the parties are unlikely to sell their home at a price that makes financial sense. They may also lack enough equity in the home to make a sale possible.

In other cases, people are reluctant to sell the family home because they don’t want to disrupt their children’s lives. Keeping the marital home in the family means the children get to remain in a school and neighbourhood with which they’re familiar.

There are a few steps that need to happen before one spouse can remain in the family home. First, it’s important for the spouse who wishes to keep the home to determine if he or she can afford it on a single income. He or she must also be able to generate enough money to buy out the other person’s interest in the property – something that can sometimes be accomplished through refinancing. The spouse remaining in the home must also work with the mortgage lender to make sure the lender will issue a mortgage solely in that spouse’s name and that the spouse leaving the home is cleared from both the mortgage and the home’s title.

Although it’s possible for both spouses to stay on the loan, this is not typically recommended, as it makes the non-resident spouse responsible for the mortgage should the resident spouse fail to make the payments. It can also prevent the non-resident spouse from obtaining his or her own mortgage on a new property.

I Think My Spouse Is Hiding Assets. What Should I Do?

Fri, 28 Aug 2015 07:00:00 GMT

When a couple divorces, both sides are required to provide one another with a full disclosure of all their finances and assets. The list of documents both sides are required to produce is quite lengthy and includes the past three years’ worth of tax returns, recent pay stubs, property deeds, bank account statements, mortgage statements, pension plan documentation, and more.

Although it may seem burdensome to turn over all these documents, financial disclosures allow both sides to make informed decisions about child support, spousal support, and property division. When an individual inaccurately reports his or her assets in a divorce, it can create an unfair result. It’s unlawful to conceal assets in a divorce, but that unfortunately doesn’t stop people from doing it.

What Are the Indications a Person Is Hiding Assets?

Although you may believe your spouse is concealing assets, it’s important to take a step back and really examine his or her behaviour. Accusing your spouse of hiding financial information without any evidence to support your position can create tension in your case and make it more difficult to reach an amicable agreement.

Consider whether your spouse is displaying any signs that he or she is hiding assets. Some common indicators include:

Paying a “loan” to a friend or family member, especially when you had no knowledge your spouse had borrowed money
A suddenly enhanced lifestyle
Paying for most things with cash
Opening accounts in the children’s names
An unexpected work bonus or sudden pay raise

According to a recent Forbes article , a suspicion of hidden assets can quickly complicate a divorce case. As the article states: “With the complexity of the family finances and the sophistication of asset protection strategies, spouses might feel like they need a treasure map to find buried assets.”

If you believe your spouse is concealing assets, it’s important to consult a family law lawyer about your case. Although you have a legal right to know the full extent of your spouse’s assets, an experienced lawyer knows how to properly investigate and locate concealed assets. More importantly, working with a lawyer ensures any evidence of hidden assets is properly authenticated and admissible in court.

Custody and Access and Withholding of Children

Mon, 17 Aug 2015 07:00:00 GMT

When parents decide to go their separate ways, issues of child custody and access can be a source of significant conflict. However, when one parent withholds a child from the other parent following a separation, it hurts everyone – especially the child.

The Children’s Law Reform Act and Divorce Act

The Ontario Children’s Law Reform Act applies to parents in three sets of circumstances:

Married couples with children who decide to stay married but live separately
Common law spouses who decide to separate
Parties who share a child but who are neither married nor common law spouses

When married parents separate and proceed with divorce, they are governed by the Federal Divorce Act, although the factors espoused in the Ontario legislation are often still relevant to the custody and access determinations.

Entitlement to Custody and Access under the CLRA

Section 20, subsection 1 of the Children’s Law Reform Act states that except as otherwise provided by the legislation “the father and the mother of a child are equally entitled to custody of the child.”

Section 20, subsection 4 provides that where parents live separate and apart and a child continues to reside with one parent with the consent, either implied or explicit, of the other, the right to custody, but not access, is suspended until a separation agreement or order provides otherwise.

Section 20, subsection 5 states that “[t]he entitlement to access to a child includes the right to visit with and be visited by the child and the same right as a parent to make inquiries and to be given information as to the health, education and welfare of the child.”

Factors Courts Consider for Determining Custody and Access

Parents and non-parents have the ability to file an application for an order of custody or access with the court pursuant to Section 21(1) of the Children’s Law Reform Act.

Once an application has been filed, the court has the power to determine custody and access on both an interim and final basis and has broad discretion regarding the form and nature of these orders under Section 28 (1).

Courts consider a long list of factors when deciding whether it’s in a child’s best interest for the court to grant a parent custody or access rights with respect to the child. These factors are found in Section 24(2) and include:

The love, affection, and emotional ties between the child and the parent, as well as other members of the parent’s household and people involved in the child’s care and upbringing
The child’s wishes
The amount of time the child has lived in a stable home
Each parent’s willingness and ability to provide the child with guidance, education, and support
How each parent plans to provide for the child’s care and upbringing
The stability of the family environment where the child will reside
The parenting skills of each parent
The relationship, whether by blood or adoption, between the parent and the child
The parent’s past conduct; and
Whether the parent has committed any acts of domestic violence against a spouse, child, or member of his or her household

In the vast majority of cases, the courts will award some access between the child and the non-custodial parent, although there may be restrictions, including supervision by a family member or professional facility or the requirement not to engage in certain conduct during or before access, such as drinking or smoking.

If a parent is withholding a child from another parent because he or she believes that these types of restrictions are required, it is important that this parent seeks immediate legal advice on how to proceed to ensure that the disruption of the child’s contact with the other parent is minimized as much as possible.

“Equal Parenting Time” Bill Defeated – for Now

Sat, 08 Aug 2015 07:00:00 GMT

On May 28th, Bill C-560, which sought to make equal parenting time the standard parenting arrangement in all divorces across Canada, was defeated in the House of Commons by a vote of 174 to 80.

Sponsored by Saskatchewan MP Maurice Vellacot, the proposed bill would have amended the federal Divorce Act to include a presumption that both parents should have equal custody and parenting rights unless factors or evidence in the case demonstrated that it was in a child’s best interest for primary custody to be allocated to one parent over the other.

Although Bill C-560 was defeated at its second reading in May 2014, the proposal offered an interesting and rare opportunity to review the current legal principles for determinations of custody following separation.

The “Best Interest” Standard

Under the current law, custody (as well as access or time sharing) is determined based on the best interest of the children involved. That is, there is no presumption that shared parenting is in a child’s best interest, although courts may certainly order joint custody and/or shared parenting if they determine that it’s in a child’s best interest for both parents to have equal decision-making ability and/or time with the children. However, because there is no legal presumption of shared parenting, a divorcing parent cannot presume that he or she will receive equal parenting time or say in decisions to be made.

Proponents of Bill C-560 have argued that the best interest standard is out of step with modern culture. Today’s parents, they contend, have evolved from “traditional” gender roles in which a mother is always the primary caregiver with a father taking a lesser role. Supporters of equal custody legislation seek to equalize the playing field among divorcing moms and dads; they point out that one parent (and traditionally the father) are often forced to fight long, expensive custody battles just to gain equal custody and access rights to their own children.

Although there are many professionals, including both lawyers and judges, as well as social workers and other professionals, who may support the introduction of some type of presumption which would help in the assessment of the ever confusing “best interest” test and factors set out in the legislation, there was significant concern over the impact that Bill C-560 would have over current custody and access arrangements since its enactment would constitute a material change in circumstances to allow parties to bring a claim to vary previous orders or agreements. Given the heavy backlog which the family court is currently experiencing, the potential influx of litigation from Bill C-560 could have resulted in additional hardship for the judicial system and the families attempting to navigate its terrain.

Only time will tell whether the “best interest” test for custody and parenting determinations will see legislative reform through another avenue.

The Importance of Financial Disclosure for All Family Law Matters

Mon, 03 Aug 2015 07:00:00 GMT

Divorce can be a turbulent time filled with a lot of emotion, including anxiety, anger, and uncertainty about the future. If the divorce also involves a contested custody dispute, the parties must often deal with an additional layer of conflict.

Understandably, there may be instances during the divorce process where one or both sides feel hesitant to fully disclose all of their financial information. When you’re hurt and upset, you already feel vulnerable. Divulging what most people perceive as intensely private information can make you feel even more exposed.

When it comes to family law disputes, however, full financial disclosure is the law. More importantly, failure to provide complete disclosure of your finances can invalidate an agreement (whether through negotiations or court proceedings) which you worked so hard to achieve.

Ontario Legislation Requires Full Financial Disclosure

Whether you’re going through a divorce, pursuing a motion to change custody or child support after your divorce is final, or litigating another family law matter, the Ontario Family Law Act and the Family Law Rules (which govern litigation matters) require both sides to fully disclose their income, assets, debts, and expenses through a sworn financial statement. Although locating and listing all this information can be a cumbersome, time-consuming process, it is absolutely essential to ensuring any agreement reached is both fair and legally enforceable.

More importantly, a family law agreement can be set aside if a party fails to comply with the disclosure requirements of the Family Law Act. Section 56(4)(a) provides:

“A court may, on application, set aside a domestic contract or a provision in it, if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made…”

Ontario courts have set aside family law agreements (and consent orders where based on Minutes of Settlement) upon discovering that a party failed to fully disclose his or her income, assets, debts, or expenses.

What if You and Your Spouse Reach an Amicable Settlement Agreement?

In some cases, couples are able to settle their disputes with minimal conflict. When they do, they typically wonder whether they can simply skip over the financial disclosure requirement. After all, why go through all the hassle and expense of filling out a sworn statement when you agree to everything? Just because you’ve reached an amicable settlement does not mean you’re exempt from making full disclosure since you cannot really know (nor can a lawyer advise you) what you are agreeing to until full financial disclosure has been exchanged. Section 56(4)(a) makes no distinction between contested and uncontested agreements. Protect yourself – and your agreement – by fully complying with the disclosure requirements of the Family Law Act.