This article explains how spousal support works in Ontario under the Divorce Act and Family Law Act. It outlines who qualifies for support, how courts calculate the amount and duration, and what factors affect eligibility. It also covers changes, enforcement, and the difference between spousal and child support.  

Understanding Spousal Support in Ontario 

Spousal support plays a key role in Ontario family law by addressing financial imbalances that arise when a marriage or common-law relationship ends. The aim of this obligation is to allow one spouse to become financially self-sufficient, or at least to avoid serious hardship, when the other spouse has a greater earning capacity, or the roles in the relationship result in economic disadvantage. Understanding how this support works under both the federal Divorce Act and Ontario’s Family Law Act is critical for anyone going through a separation or considering a separation agreement or court order. As an experienced family law firm, De Rose Lawyers brings clarity and advocacy to support clients through this process. 

Who Qualifies 

In Ontario, entitlement to spousal support depends on the proper statute and the nature of the relationship. 

• Married couples typically proceed under the Divorce Act; common-law partners proceed under the Family Law Act. 

• Under the Family Law Act, an individual may be eligible for support if they have lived with the other person for at least three years, or are in a relationship of some permanence and share a child.  

• In assessing entitlement, the courts ask whether one spouse: (a) took on responsibilities that prevented them from building their own career; (b) has a legal agreement promising support; or (c) is in financial need while the other spouse has the ability to pay.  

• The purpose of support includes recognizing contributions to the relationship, sharing the burden of child-care costs and preventing hardship following the breakdown of the relationship.  

In short, eligibility is not automatic: the parties must meet the legal threshold of entitlement before any amount or duration is calculated.  

Factors Courts Consider 

Once entitlement is established, courts consider a wide range of factors when determining the amount and duration of spousal support. These include: 

• The length of the relationship or marriage 

• The roles of each spouse during the relationship (for example, caregiving or career interruption) 

• Income disparity and earning capacity of each spouse 

• Age, health, and ability to become self-supporting 

• Any pre-existing agreements or court orders 

• Whether the parties have children and who bears day-to-day child-care responsibilities 

• These factors are reflected in the Spousal Support Advisory Guidelines (SSAG), though the SSAG are advisory only and do not determine entitlement.  

• The Guidelines reflect that for longer marriages (e.g., 20 years or more) or where a spouse reaches “age + years of marriage” equal to 65 or more, support may be ordered on an indefinite basis.  

Types of Spousal Support 

There are several forms of spousal support orders or agreements in Ontario: 

• Periodic payments: Regular (monthly or similar) ongoing payments from the payor to the recipient. 

• Lump-sum payments: A one-time payment in lieu of or in addition to periodic payments. 

• Interim support: Temporary support ordered during separation proceedings, before a final order or agreement is reached. 

• Choosing the most appropriate type depends on the parties’ incomes and assets. Also, the immediacy of need and the willingness of the payor to commit to long-term payments. 

Duration 

Duration of spousal support reflects both the history of the relationship and the future prospects of each spouse. According to the Spousal Support Advisory Guidelines, shorter relationships typically lead to time-limited support. It means that the support often ranges from half to one year of support for each year of cohabitation. 

For longer marriages or where the recipient spouse is of older age or significantly disadvantaged, support may be indefinite (meaning no fixed end date) though subject to review, according to the Department of Justice Canada. 

Moreover, under the Family Law Act (Ontario), section 33(8) sets out that support orders should: (a) recognize contributions to the relationship, (b) share child-care cost burdens equitably, (c) assist the spouse to become self-supporting, and (d) relieve financial hardship.  

Changing or Challenging Support Orders 

Support orders or contractual agreements can be varied or terminated when there is a material change in circumstances that was not contemplated at the time the order or agreement was made. Common triggers include: loss of employment, significant change in income, retirement, disability, remarriage or new cohabitation. 

The process for variation typically involves an application to the court (or an agreement between parties) supported by evidence of the changed circumstances. The court will evaluate whether the change is sufficient and whether altering the order remains fair in the context of all relevant factors. 

Enforcement 

In Ontario, the Family Responsibility Office (“FRO”) plays a central role in enforcing spousal and child support orders. Once an order or domestic contract is registered with FRO, the payor’s employer may be required to deduct payments, and FRO may also garnish wages, suspend licences or intercept tax refunds when payments are missed.  

Timely enforcement through FRO ensures the recipient spouse receives the support they are entitled to. Besides that, It reminds payors that support obligations cannot simply be ignored. 

Spousal Support vs. Child Support 

It is critical to distinguish between spousal and child support: 

• Child support is based on federal and provincial child support guidelines, and it takes priority over spousal support. Under the Family Law Act (Ontario) section 38.1, where both spousal and child support applications arise, child support must be given priority.  

• Spousal support, by contrast, addresses the financial imbalance between spouses, recognizing contributions during the relationship and future capacity to support oneself. 

• Because child support obligations can affect the payor’s available funds, courts often adjust spousal support orders accordingly, sometimes reducing spousal support to ensure child support is satisfied, according to the Department of Justice Canada. 

• Understanding both obligations is essential to avoid mis-calculating support exposure or assuming one covers the other. 

How De Rose Lawyers Help 

With over 40 years of experience, De Rose Lawyers helps clients navigate the full spectrum of spousal-support matters. From assessing eligibility and negotiating separation agreements to preparing for contested hearings, variation applications or enforcement actions, our role as trusted family lawyers is to protect client interests and secure fair results. We focus on personalized service, transparent communication and strategic planning to address each client’s unique circumstances and financial concerns. No matter what stage of separation or divorce, our team stands ready to advocate for a fair outcome. 

TL;DR:

• Spousal support in Ontario balances financial inequality after a separation or divorce. 

• Both married and common-law partners may qualify under the Divorce Act (Canada) or the Family Law Act (Ontario). 

• Courts assess relationship length, income disparity, caregiving roles, age, and health when deciding entitlement. 

• Spousal Support Advisory Guidelines (SSAG) provide ranges for amount and duration but are not legally binding. 

• Support can take the form of periodic payments, lump-sum payments, or interim support during proceedings. 

• A material change in circumstances, such as job loss, retirement, or remarriage, can lead to a review or variation of support. 

• The Family Responsibility Office (FRO) enforces court orders and can garnish wages, suspend licences, or intercept tax refunds for non-payment. 

• Child support has statutory priority, but courts often calculate spousal support alongside it for fairness. 

• De Rose Lawyers, a leading Ontario family law firm, provides expert representation in spousal-support claims, enforcement, and negotiations. 

References 

Government of Ontario — Spousal Support Overview 

Department of Justice Canada — Fact Sheet: Spousal Support 

Department of Justice Canada — Determining Entitlement 

Department of Justice Canada — Spousal Support Advisory Guidelines (SSAG) 

Department of Justice Canada — Duration and Amount of Spousal Support 

Government of Ontario — Spousal and Child Support Enforcement 

Government of Ontario — Family Law Act, R.S.O. 1990, c. F.3 

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Italian Postal Bonds (Buoni Fruttiferi Postali) are secure savings instruments issued by the Italian government and often inherited by Canadians with Italian family ties. Redeeming these bonds from abroad involves specific procedures, documentation, and deadlines. However, with the right legal support, the process can be handled entirely from Canada. 

What Are Italian Postal Bonds? 

Italian Postal Bonds — or Buoni Fruttiferi Postali (BFP) — are government-backed savings certificates issued by Cassa Depositi e Prestiti and distributed exclusively by Poste Italiane. Known for their reliability and zero-risk returns, these bonds have been popular among older Italians for decades. 

They are typically: 

• Purchased at local Italian post offices (not banks) 

• Issued in paper certificate form or recorded in a savings passbook 

• Redeemable only through the Italian postal and financial system 

These bonds do not lose value before maturity but stop earning interest at maturity. They become part of the bondholder’s estate upon death, and that’s where many Canadian families get involved. 

Inheriting Italian Postal Bonds from Abroad 

If you’ve inherited Italian Postal Bonds from a deceased parent or grandparent, you may be eligible to redeem them; however, timing is critical. 

Key facts: 

• BFPs are exempt from Italian inheritance tax 

• They are subject to a 10-year prescription period after maturity 

• If not redeemed within that 10-year window, the legal right to claim expires 

• No interest accrues after maturity 

This means that even if the bond is still physically in good shape, it may be worthless if it’s been more than a decade since it matured. Knowing the maturity date is essential to determine whether it’s still redeemable. 

Why Canadians Face Challenges Redeeming Italian Bonds 

Redeeming Italian Postal Bonds while living in Canada is not something you can do by simply mailing a request or visiting a bank. Here’s why it’s complicated: 

• They cannot be redeemed in person outside of Italy 

• There is no online redemption option 

• Redemption must happen through the Italian system 

• Payouts can be made via bank transfer or non-transferable cheque 

To process redemption, Poste Italiane requires: 

• The original bond or passbook 

• Proof of inheritance (death certificate + succession documentation) 

• Official forms, completed and signed 

• Translations of foreign documents (into Italian) 

• Legalized or apostilled documents (if signed outside Italy) 

Without proper documentation and submission through approved channels, the application will be rejected. 

Two Legal Ways to Redeem Italian Postal Bonds from Canada 

Option A: Through the Italian Consulate in Canada 

This is the direct consular process. It involves: 

1. Booking an appointment at your local Italian consulate (e.g., Toronto, Montreal, Vancouver) 

2. Completing and signing the official Form W14 and Payment Form (Allegato 1) in front of a consular officer 

3. Providing: 

• Original bond certificate or passbook 

• Death certificate 

• Canadian probate certificate or succession documents 

• Certified translations into Italian (where applicable) 

• Valid ID and your Italian tax code (codice fiscale) 

4. The consulate validates everything and forwards the application to Poste Italiane 

Once processed, Poste issues a non-transferable cheque or makes a direct wire transfer to the beneficiary (depending on your selected method). 

Option B: Through a Power of Attorney (PoA) to a Lawyer in Italy 

This is often the most efficient and stress-free approach, especially when: 

• Multiple heirs are involved 

• Bonds are nearing the expiration deadline 

• You prefer not to deal with Italian bureaucracy directly 

Here’s how it works: 

1. You grant Power of Attorney (Procura Speciale) to an Italian lawyer 

2. The PoA is signed: 

1. At the Italian consulate or 

2. Before a Canadian notary + legalized or apostilled 

3. The lawyer submits all forms, coordinates with Poste Italiane, and ensures funds are released 

Once redemption is approved, the lawyer arranges for the funds to be wired to your Canadian bank account or forwarded via cheque. 

What You’ll Need to Redeem a Bond 

Whether you go through the consulate or a legal representative in Italy, you’ll need the following: 

• Original bond certificate or savings passbook 

• Death certificate of the original bondholder 

• Official Canadian succession or probate documentation 

• Certified translation of all non-Italian documents 

• Valid ID 

• Codice Fiscale (Italian tax code. It can be obtained via the consulate) 

• Form W14 (Application for Redemption) 

• Payment Form (to select cheque or wire transfer) 

• Power of Attorney (if you’re using a legal representative) 

How De Rose Lawyers Can Help 

At De Rose Law Firm, we assist Canadians in redeeming Italian Postal Bonds without needing to travel or open a foreign bank account. 

What we offer: 

• Legal Coordination with our trusted partners in Italy 

• Power of Attorney drafting and legalization support (right here in Canada) 

• Document review and translation guidance 

• Consular coordination to streamline the process 

• End-to-end bond redemption: from verification to fund transfer 

Whether you need help with one bond or an entire inheritance process, we simplify the journey, so you can claim what’s yours without dealing with Italian red tape. 

TL;DR – Key Takeaways 

• Italian Postal Bonds are government-issued, low-risk savings tools that must be redeemed through Italy 

• Canadians often inherit them from parents or grandparents 

• You have 10 years after maturity to redeem the bond. After that, the right is lost 

• You can redeem through the Italian consulate in Canada or a Power of Attorney to a lawyer in Italy 

• Required documents include the original bond, proof of inheritance, translations, and official forms 

• De Rose Lawyers can handle everything for you, from paperwork to payout 

References 

• Buoni postali – Consolato Generale d’Italia Toronto / Servizi Consolari e Visti 

• Ministero dell’Economia e delle Finanze (MEF) — Prescrizione interessi e capitale per titoli di Stato / buoni postali 

• Decreto del 05/10/2020, Ministero Economia e Finanze — art. 6-ter Prescrizione 

• Poste Italiane — Buoni e Libretti (FAQ & product info) 

• Poste Italiane — Buoni Fruttiferi Postali main page 

The post Redeeming Italian Postal Bonds: A Guide for Canadian Heirs appeared first on DeRose Lawyers.

Whether you’re a first-time buyer, a couple envisioning your future, or reentering the market, one truth stands out: owning a home in Toronto is not just a lifestyle choice; it’s a significant financial commitment. 

In this high-stakes environment, marriage contracts have become essential. Once considered tools for the rich, they are now vital for anyone seeking to protect assets, clarify financial contributions, and prepare for unforeseen circumstances.  

They’re not about expecting a marriage to fail but about fostering open communication and ensuring both partners understand their financial rights and responsibilities, particularly when substantial assets like real estate are involved. 

A marriage contract is a legal contract signed before marriage, often crafted with the guidance of a family lawyer, outlining how assets and debts will be divided if the relationship ends. In Ontario, they are governed by the Family Law Act and must adhere to specific legal standards to be enforceable.

With average home prices exceeding $1 million, even modest properties represent significant investments. The financial strain of buying, maintaining, or potentially losing a home in a divorce can create lasting challenges.  

Marriage contracts safeguard these assets, ensuring fairness and acknowledging each partner’s contributions. 

Toronto’s Housing Crisis: A Snapshot 

Toronto is a vibrant, global city, but its housing market comes at a steep cost. As one of North America’s priciest real estate markets, it exerts financial pressures that ripple through relationships. 

The Current State: Skyrocketing Prices & Fierce Competition

Housing costs in Toronto have reached unprecedented levels. As of 2025, the average home price surpasses $1 million, with condos averaging around $700,000. These figures not only reflect a dramatic increase from a decade ago but also present a formidable barrier for aspiring homeowners. 

This reality forces many couples to stretch their finances to the limit. For first-time buyers, saving for a down payment demands years of disciplined budgeting and, often, financial support from family.  

And even then, entering the market feels like a gamble, with fluctuating interest rates and climbing property values adding uncertainty. 

Financial Pressures: How Housing Costs Strain Budgets 

Housing expenses alone can easily consume 40% of a household’s income. Combined with Toronto’s rising cost of living—from groceries to transportation—these costs create overwhelming financial strain. 

For couples, this pressure leads to tough choices: Should they delay marriage to save for a home? Should they relocate outside the city, sacrificing time together for longer commutes? These decisions underscore how deeply housing costs shape relationships. 

Impact on Relationships: Financial Stress and Its Consequences 

Money remains a leading cause of conflict in relationships. Couples may find themselves at odds over spending habits, financial priorities, or unequal contributions to the home. This stress can foster resentment or feelings of imbalance. 

The emotional toll of housing-related financial strain is significant. The dream of homeownership symbolizes stability, security, and success. When that dream feels unattainable, it can evoke feelings of frustration, inadequacy, and failure. 

Unique Challenges for Young Couples 

Young couples face unique hurdles. Many enter relationships burdened by student loan debt or limited savings, making it harder to compete in Toronto’s market. For those who manage to buy a home, mortgage payments, property taxes, and maintenance costs leave little room for other expenses—or even simple pleasures like a night out. 

Purchasing a home together before marriage poses further risks. Without clear agreements, questions about dividing property value and equity in a breakup can lead to legal disputes and emotional turmoil. 

Why Marriage Contracts Matter More in Toronto’s Housing Crisis 

Toronto’s housing market is a high-stakes arena where homes are often the largest investments couples will make. In this context, marriage contracts have taken on greater importance. 

Protecting High-Value Assets 

A home is more than a place to live. It’s a cornerstone of financial security, governed by complex real estate law. Marriage contracts ensure that this crucial investment is safeguarded. 

Consider a scenario where one partner owns a home before marriage, perhaps purchased with family support or years of saving. Without a marriage contract, the home’s increased value during marriage might be considered shared property in a divorce.  

A marriage contract can define how the home’s equity is treated, protecting the original owner’s investment while recognizing both partners’ contributions. 

For couples buying a home together, it clarifies each partner’s financial stake. In Toronto, where property values appreciate rapidly, even a small percentage of equity can represent significant sums. 

Clarifying Contributions 

Many homebuyers rely on family support for down payments, whether as gifts, inheritances, or loans. A marriage contract can document these contributions, ensuring they’re recognized if the marriage ends. 

Managing Financial Risk 

Purchasing a home in Toronto often involves significant debt, such as mortgages or home equity lines of credit. Marriage contracts are invaluable for managing these risks, especially when one partner has more debt than the other. 

It can specify who is responsible for specific debts, like mortgage payments or renovation costs. This clarity helps avoid conflicts and ensures neither partner is unfairly burdened by obligations they didn’t agree to. 

Addressing Housing Related Support Disputes 

Housing costs play a significant role in spousal support calculations during separations, often leading to contentious disputes. A marriage contract can provide a clear framework for support payments, factoring in housing expenses. 

By setting expectations upfront, couples can reduce the emotional and financial stress of negotiating support during a challenging time. 

Understanding Marriage Contracts in Ontario 

Planning for the future involves more than shared dreams—it requires practicality. In Ontario, a marriage contract is a powerful tool for ensuring clarity and fairness in a couple’s financial relationship. In Toronto’s housing market, understanding them is more critical than ever. 

What is a Marriage Contract? 

A marriage contract is a legal contract signed before marriage, often intersecting with real estate law. It outlines how assets and debts will be divided if the relationship ends. While not the most romantic aspect of wedding planning, it fosters open communication and mutual respect, protecting both partners fairly. 

Under Ontario’s Family Law Act, they can address property division, financial support, and debt responsibilities. They allow couples to craft tailored solutions that suit their unique circumstances. 

Key Components of a Marriage Contract 

1. Property Division: It can specify how property is divided in a separation. In Toronto’s high-value market, where a single home is a major investment, this is crucial. For example, if one partner owns a home before marriage, the contract can clarify whether its value increase during marriage is shared or remains separate. 

2. Debt Responsibilities: It can assign responsibility for debts, such as mortgages or personal loans, preventing disputes and ensuring fairness. 

3. Exclusions: It can protect specific assets—like family heirlooms, inheritances, or gifts—ensuring they remain with the intended recipient. 

Legal Requirements for a Marriage Contract 

Creating a valid marriage contract in Ontario requires adherence to specific legal standards: 

• Written Agreement: It must be in writing; verbal agreements are not enforceable. 

• Signatures: Both parties must sign the agreement in the presence of a witness. 

• Independent Legal Advice: Each partner should seek counsel from their own family lawyer to ensure they understand the terms and enter the agreement voluntarily. 

• Full Financial Disclosure: Both parties must fully disclose their assets and debts. Concealing information can invalidate the contract. 

By meeting these requirements, couples ensure their contract is enforceable and reflects their intentions. 

Practical Steps to Creating a Marriage Contract 

Crafting a marriage contract may seem daunting, but with a step-by-step approach, it’s manageable. With preparation and guidance, couples can create an agreement that protects their assets and fosters peace of mind. Here’s how to begin: 

1. Start an Honest Dialogue

Start by discussing your financial situation and goals with your partner. Share your visions for managing finances during marriage and what you’d want in case of separation. Identify priorities, like protecting a family home or planning for retirement.  

This conversation builds trust and lays a strong foundation. 

2. Make a Full Financial Disclosure 

Transparency is essential. Both partners should disclose: 

• Assets: Property, savings, investments, and valuable personal items. 

• Debts: Mortgages, student loans, and credit card balances. 

• Income: Salary, business earnings, and other sources of income. 

• Future Financial Expectations: Inheritances or career changes that might impact finances. 

Full disclosure ensures the contract reflects reality and reduces future disputes. 

3. Get Professional Valuations 

For significant assets like property, professional appraisals, often coordinated with a real estate lawyer, provide clarity on their current worth, ensuring the marriage contract is fair and accurate. 

4. Work With Independent Lawyers 

Each partner must have their own family lawyer to: 

• Review the agreement for compliance with Ontario’s Family Law Act. 

• Explain your rights and obligations. 

• Ensure the agreement reflects your priorities without pressure. 

Independent legal advice strengthens the contract’s enforceability. 

5. Draft the Agreement 

With your lawyers’ guidance, create a document that: 

• Outlines asset and debt division. 

• Specifies financial support terms, if applicable. 

• Addresses unique circumstances, like family gifts or investment properties. 

• Includes provisions for resolving disputes. 

The goal is a fair, thorough, and enforceable agreement. 

6. Finalize & Sign the Agreement 

Review the draft with your lawyers to confirm it aligns with your intentions. Make any necessary revisions, then sign the agreement in the presence of witnesses to make it legally binding. 

Following these steps ensures your marriage contract is a clear roadmap for your financial future, giving both partners confidence to move forward together. 

Special Scenarios 

Every couple is unique, and Toronto’s housing market presents distinct challenges that shape financial planning. Here are scenarios where a tailored marriage contract can make a difference: 

Cohabitation Agreements: Planning Without Marriage 

High housing costs can lead couples to live together before marriage—or without plans to marry. While cohabitation offers financial benefits, it can create legal complexities, as common-law relationships in Ontario carry some legal obligations. 

A cohabitation agreement outlines how property, debts, and obligations are handled if the relationship ends. For example: 

• Shared Ownership: If you buy a home together, the agreement can detail how the property is divided based on contributions. 

• Individual Assets: If one partner owns the home and the other contributes to payments or renovations, the agreement can clarify how these contributions are recognized. 

This clarity helps unmarried couples avoid disputes and ensures fairness. 

Investment Properties: Safeguarding Your Portfolio 

Many Toronto couples invest in real estate, either as rental properties or secondary homes, often with guidance from a real estate lawyer. 

Marriage contracts can address: 

• Ownership and Income: How rental income is managed and divided. 

• Future Growth: How property appreciation is shared. 

• Expenses: Who covers mortgage payments and maintenance costs. 

These provisions ensure investment properties remain a source of stability, not conflict. 

Second Marriages: Protecting What Matters Most

For those entering a second marriage, marriage contracts balance new partnerships with existing responsibilities: 

• Children’s Inheritance: Ensuring specific assets pass to your children. 

• Pre-Marital Assets: Protecting homes or savings acquired before marriage. 

• Spousal Support: Clarifying how existing support obligations integrate with new financial arrangements. 

This approach provides peace of mind for all involved. 

Family Gifts & Loans: Keeping Things Clear 

Family support for down payments is common but can complicate matters: 

• Gifts: It can designate a substantial gift as your separate property. 

• Loans: It can clarify who repays a family loan. 

These terms preserve family wealth and prevent misunderstandings. 

Entrepreneurs & Business Owners: Protecting Your Livelihood 

Owning a business adds complexity to financial planning. A marriage contract can: 

• Establish Business Value: Define the business’s current worth and how growth is handled. 

• Clarify Roles: Outline your partner’s involvement and compensation if they work for the business. 

• Plan for Separation: Detail how the business is managed or divided in a divorce. 

This protects your livelihood and ensures business/ continuity. 

De Rose Law: Your Partner in Marriage Contracts and Property Protection 

Navigating Toronto’s complex real estate market requires expertise, and De Rose Law is here to guide you. With decades of experience as family lawyers and real estate lawyers, we craft marriage contracts that offer clarity, fairness, and peace of mind. Our understanding of real estate law guarantees that your assets are protected. 

We provide personalized, compassionate service, listening to your goals and tailoring solutions to your needs. From initial consultation to final draft, our family law experts support you with professionalism, ensuring confidence in your financial future. 

Ready to secure your future? Contact De Rose Law today to schedule a consultation. Together, we’ll create a marriage contract that reflects your unique circumstances and builds a strong, secure foundation for your life ahead.

The post How Toronto’s Housing Crisis Makes a Marriage Contract More Important Than Ever appeared first on DeRose Lawyers.

That’s why we’re here—to break it all down in a straightforward and practical way. In this blog, we’ll walk you through key legal rights, the step-by-step process of division, and how to ensure fairness in your settlement. We’ll also discuss special cases like common-law relationships and business assets. And if you need expert guidance, De Rose Law Firm’s team of family and real estate lawyers is ready to help you navigate this process with confidence. 

1. Understanding Property Division in Ontario 

Equalization of Net Family Property 

Ontario law requires spouses to equalize their Net Family Property (NFP). In simple terms, both partners tally up what they owned before and after the marriage, and the one with more assets pays the other half of the difference to ensure fairness. 

But how does this actually work? Let’s break it down: 

1. Start by adding up all assets you own on the date of separation. 

2. Then, subtract any debts or liabilities from those assets. 

3. Next, deduct the value of any assets you had before the marriage (except for the matrimonial home—that one’s treated differently!). 

4. What’s left is your Net Family Property. 

5. If one spouse has a higher NFP than the other, they’ll need to pay half the difference to ensure an equal split. 

This might sound straightforward, but there are often complications, especially when certain assets increase in value or when hidden debts come into play. That’s why working with divorce lawyers is essential to ensure a fair and accurate division. 

The Matrimonial Home: A Unique Case 

Now, let’s talk about the matrimonial home because this is where things get a little different. If a property was your primary residence during the marriage, its entire value is split equally, no matter who bought it or who paid for it. 

So, what does that mean for you? 

• Both spouses have an equal right to live in the home until there’s a legal agreement or court decision. 

• The home can’t be sold or transferred without the consent of both spouses. 

• If one spouse wants to keep the home, they might need to buy out the other’s share. 

It’s easy to assume that ownership before marriage gives someone an advantage, but with the matrimonial home, the law treats both spouses equally—regardless of who originally purchased it. 

2. Key Considerations in Property Division 

What’s Excluded from Equalization? 

While most assets are divided, some are excluded from equalization. These include: 

• Gifts and inheritances received during the marriage (as long as they weren’t used to pay for or improve the matrimonial home). 

• Personal injury settlements, except for amounts meant to replace lost income. 

• Life insurance proceeds paid out to one spouse. 

What About Debts? 

All divorce lawyers will agree with this: dividing property isn’t just about assets—debts count, too. That means: 

• Mortgages on the matrimonial home are factored in. 

• Joint credit card debts or loans are included in the equation. 

• Business liabilities tied to one spouse might still impact the final settlement. 

If one spouse accumulated debt recklessly or without the other’s knowledge, the situation might require a deeper legal review to ensure fairness. 

Don’t Miss Deadlines 

If you’re seeking an equalization payment, don’t wait too long. Ontario law sets strict deadlines: 

• Six years from the date of separation, OR 

• Two years from the date of divorce—whichever comes first. 

If you miss these deadlines, you could lose your right to claim an equalization payment. This is why timing matters and why legal guidance is so valuable early in the process. 

3. Steps to Ensure a Fair Division 

Be Transparent with Financial Disclosure 

The most important step? Full financial transparency. Both spouses must provide a complete picture of their finances, including: 

• Bank accounts and investment holdings. 

• Real estate and rental properties. 

• Business assets and ownership stakes. 

• Any outstanding debts or liabilities. 

Failing to disclose assets can lead to serious legal consequences, including penalties or an unfair division of property. That’s why it is important to consult divorce lawyers.

Get a Professional Valuation 

To ensure fairness, you’ll want accurate property valuations. Certified appraisers, business evaluators, and financial professionals can help determine the real market value of assets like homes and businesses. 

Consider Mediation Before Litigation 

Divorces don’t always need to go to court. Many couples negotiate or mediate their settlements instead. Why? Because mediation: 

• Saves time and money. 

• Puts you in control of the final agreement. 

• Reduces the stress and emotional toll of a drawn-out legal battle. 

4. Special Scenarios 

Common-Law Relationships 

If you’re in a common-law relationship, property division is very different. Common-law couples don’t have the same automatic rights as married spouses. Instead, ownership follows whoever’s name is on the title. 

However, common-law partners can still make legal claims, especially if they: 

• Contributed significantly to a shared property. 

• Relied financially on the other spouse. 

Business Assets: What Happens? 

If one spouse owns a business, things can get tricky. The other spouse may be entitled to a portion of its value if it grew during the marriage. To handle this fairly: 

• A business valuation expert should assess its worth. 

• A buyout or structured settlement might be arranged. 

• Proper legal steps should be taken to ensure business continuity. 

5. De Rose Lawyers: Experts in Family Law and Real Estate Law 

At De Rose Law Firm, we know that dividing assets can feel overwhelming. Whether it’s sorting through property division, settling mortgage concerns, or handling business assets, we bring decades of experience in family and real estate law to help you move forward with confidence. 

Why Work with De Rose Law Firm? 

• Decades of Experience handling complex divorce settlements. 

• Specialized in Family Law and Real Estate Law, covering every legal aspect. 

• Personalized Legal Strategy to protect your best interests. 

• A Client-Centered Approach, prioritizing clear communication and results. 

If you’re going through a divorce and need trusted legal advice, we’re here to help. Let our divorce lawyers guide you toward a fair resolution. 

Conclusion 

Dividing property in a divorce isn’t easy, but understanding your rights makes a huge difference. With the right guidance, you can navigate this process smoothly and secure your financial future. 

With De Rose Law Firm, you don’t have to face this alone. Our team of divorce lawyers, family lawyers, and real estate law experts is here to make the process easier for you. 

Need legal help? Contact De Rose Law Firm today for guidance and representation. 

The post Dividing Property: Ontario Divorce Lawyers Break It Down  appeared first on DeRose Lawyers.

Separation and divorce are often used interchangeably but entail different legal processes and implications. Understanding these differences is crucial for making informed decisions about your future. 

Separation vs Divorce: Definitions and Distinctions 

• Separation: occurs when a couple decides to live apart without formally ending the marriage. Legal separation involves a court order outlining the rights and responsibilities of each spouse. 

• Divorce: It is the legal termination of a marriage, where the court formally dissolves the marital union. 

The distinction between separation and divorce impacts various aspects of life, from financial responsibilities to personal well-being. A Divorce Lawyer can help navigate the complexities of ending a marriage, while a Separation Lawyer can assist in managing the nuances of living apart legally. 

Legal Process and Steps 

Understanding the steps involved in both separation and divorce can help you prepare and navigate these processes more effectively. 

Separation vs Divorce: Immediate Actions and Long-term Considerations: 

• Separation Process: 

• File for legal separation. 

• Establish terms for child custody, support, and property division. 

• Consider reconciliation options. 

• Divorce Process: 

• File a divorce petition. 

• Serve the divorce papers. 

• Negotiate settlements or go to trial. 

• Finalize the divorce with a decree. 

Both processes require careful planning and consideration. Consulting a Lawyer for Separation or a Divorce Lawyer is essential to ensure all legal aspects are covered and your rights are protected. 

Impact on Children 

Separation and divorce can significantly affect children, making it crucial to handle these situations with sensitivity and care. 

Legal Considerations for Child Custody, Visitation, and Support 

• Child Custody: Determine who the child will live with and how decisions about the child’s welfare will be made. 

• Visitation Rights: Establish a schedule for the non-custodial parent to spend time with the child. 

• Child Support: Calculate financial support to meet the child’s needs. 

Engaging Family Lawyers can help ensure that the child’s best interests are prioritized and that both parents’ rights and responsibilities are clearly defined. 

Separation vs Divorce: Financial Implications 

The financial ramifications of separation and divorce are significant and can shape your economic future. While both situations involve financial considerations, the outcomes can differ. 

Overview of Financial Issues 

Asset Division: 

• Separation: Assets and debts are divided based on the terms agreed upon in the separation agreement. These terms are typically temporary and can be renegotiated if the couple later divorces. 

• Divorce: Assets and debts are permanently divided by court order based on equitable distribution or community property laws, depending on the jurisdiction. 

Spousal Support: 

• Separation: Spousal support (alimony) may be awarded temporarily to ensure that both parties can maintain a similar standard of living. 

• Divorce: Spousal support can be awarded permanently or for a specified duration, depending on factors like the length of the marriage and each spouse’s earning capacity. 

Financial Planning: 

• Separation: Adjusting budgets and financial plans temporarily, keeping in mind that the financial arrangements could change if the couple decides to divorce. 

• Divorce: Creating a long-term financial plan post-divorce, including retirement planning, tax implications, and future financial stability. 

Consulting a Lawyer for Separation can help manage the temporary financial aspects effectively, while a Lawyer for Divorce can guide long-term financial planning post-divorce. 

Practical Advice for Dealing with Legal Procedures 

Tackling legal procedures of separation or divorce can be daunting, but being well-prepared can make the process smoother. Here are some essential tips to help you manage these procedures effectively. 

Key Documents 

Filing the necessary paperwork accurately and on time is critical to avoid delays and complications. Key documents include: 

• Petitions: These are formal requests filed with the court to initiate legal proceedings for separation or divorce. 

• Financial Statements: Detailed records of income, expenses, assets, and liabilities are required to ensure fair distribution of property and determination of support obligations. 

• Custody Agreements: If children are involved, custody agreements outline the terms of custody, visitation schedules, and parental responsibilities. 

Legal Requirements 

Understanding and adhering to jurisdictional requirements and timelines is crucial. These may vary depending on your location and specific circumstances: 

• Jurisdictional Requirements: Different states or countries have varying laws and requirements for separation and divorce. Ensure you are familiar with your case’s specific legal standards and procedures. 

• Timelines: Legal processes often have strict deadlines for filing documents and responding to court orders. Missing these deadlines can negatively impact your case. 

Consulting with Family Lawyers ensures you meet all legal requirements and avoid common pitfalls. Experienced lawyers can provide guidance on the necessary steps, help you prepare and file documents correctly, and represent your interests throughout the legal proceedings. Their expertise can significantly reduce the stress and uncertainty associated with legal procedures, allowing you to focus on moving forward. 

Finding Legal Representation 

Choosing suitable legal representation is crucial for effectively managing your separation or divorce. The complexities involved in these legal processes demand a lawyer who has the necessary expertise and understands your personal needs and concerns. 

What to Look for in Legal Representation 

When selecting a lawyer, consider the following key attributes: 

• Experience and Expertise: Opt for a lawyer who specializes in family law and has a proven track record of successfully handling separation and divorce cases. Their expertise will be invaluable in navigating the legal system and achieving favourable outcomes. 

• Communication Skills: Effective communication is essential in legal proceedings. Your lawyer should be able to explain complex legal terms in plain language and provide regular updates. Also, the lawyer must be readily available to address your questions and concerns. Clear communication ensures you are well-informed throughout the process. 

• Personalized Attention: Each case is unique, and a good lawyer will recognize the specific circumstances of your situation. They should offer specific advice that caters to your needs. It ensures that your interests are represented accurately and compassionately. 

Selecting a Divorce or Separation Lawyer who meets these criteria is crucial to ensuring that your case is managed professionally. The right lawyer will provide legal expertise and support you through the challenges of separation or divorce. 

De Rose’s Expertise in Separation and Divorce 

At De Rose, we provide comprehensive legal support for separation and divorce, emphasizing personalized guidance and compassionate service. Our approach is designed to prioritize the best interests of our clients, addressing their unique needs with expertise and sensitivity. 

We offer child-focused solutions that prioritize children’s best interests in custody and support arrangements. Our financial expertise ensures clients receive sound advice on asset division and planning, helping secure their financial future. Additionally, our conflict resolution services facilitate amicable resolutions through mediation and negotiation. This can reduce the stress and adversarial nature of legal proceedings. 

Our team of experienced Divorce Lawyers and Separation Lawyers is dedicated to supporting you through every step of the separation or divorce process. We strive to ensure you feel informed and empowered, making the journey as smooth and stress-free as possible. For more insights into how our family lawyers can assist you, click here to read another complementary blog post about our compassionate legal support for families. Reach out to us today to discuss your case and explore your options. 

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The idea of a perfect family is often just that – an idea. In reality, family life is a complex tapestry of emotions and relationships, and not every thread is without its tangles. Issues like divorce, litigation, and child custody battles can arise, turning what was once a harmonious family dynamic into something more challenging. 

In these moments, navigating the legal aspects of family issues can feel overwhelming. That’s where understanding, support, and professional guidance become crucial. Through this blog, we aim to offer clarity and assistance on various aspects of family law. From the emotional toll of family disputes to the specifics of separation agreements and the intricacies of divorce proceedings, we’re here to guide you. 

At De Rose Lawyers, our commitment is to provide compassionate and comprehensive legal support. We understand the delicacies of family law and offer our expertise to help you make informed decisions for your family’s future. As you read on, remember that you’re not alone in the complex journey of family law. De Rose Lawyers are here to help you navigate these challenges with confidence and care. 

The Emotional Side of Legal Disputes: Insights from Family Lawyers 

Navigating through family legal issues is more than just a legal journey; it’s an emotional rollercoaster. Whether it’s a divorce, custody battle, or other family dispute, these situations’ emotional toll can be immense. It’s not just about the laws and the paperwork; it’s about the people, the relationships, and the lives that are changing. 

Feelings of stress, anxiety, and uncertainty are common when dealing with family legal issues. It’s a time when emotions run high, and the pressure can feel overwhelming. This is where family lawyers play a crucial role, not just as legal advisors, but as pillars of support. They understand the emotional gravity of these situations and can guide you through the legal process while considering your emotional well-being. 

Effective coping mechanisms are essential during these times. Seeking support from friends, family, or professional counsellors can make a significant difference. It’s also important to maintain routines, practice self-care, and, where possible, find moments of calm amidst the storm. 

Remember, family lawyers are not just there to navigate the legalities but also to help you manage the emotional challenges. Their experience and understanding of family dynamics can provide a sense of stability and clarity, helping you to move forward in the most positive way possible. 

Building a Secure Future: Family Lawyers and Separation Agreements 

Separation agreements are a crucial aspect of family law, often serving as the blueprint for how life will look post-separation. These agreements cover a range of important issues, including but not limited to the division of assets and debts, child custody and support, and spousal support. The significance of a well-crafted separation agreement cannot be overstated – it’s the foundation for a transparent and secure future for both parties. 

At De Rose Lawyers, our approach as family lawyers is to ensure that separation agreements are handled with the utmost care and attention to detail. We understand that each family’s situation is unique, and we tailor our services to meet those specific needs. Our team guides clients through the intricacies of separation agreements, ensuring that their rights are protected and their voices are heard. 

We believe in a collaborative approach, where open communication and mutual respect are essential. This method not only helps reach amicable solutions but also reduces the emotional strain that comes with separation. We aim to facilitate a smooth transition for our clients, allowing them to move forward with confidence and peace of mind. 

Understanding Divorce with the Guidance of Expert Family Lawyers 

Divorce proceedings can seem daunting, but having a clear understanding of the process can alleviate some of the stress. Here’s a simplified overview highlighting the supportive role of De Rose Lawyers throughout this journey: 

1. Initial Consultation: Meet with a family law attorney to discuss your situation and understand your legal rights and options. 

2. Filing for Divorce: One party files a divorce petition, which is then served to the other party. 

3. Response and Negotiations: The other party responds, and both parties, guided by their attorneys, negotiate terms regarding assets, custody, etc. 

4. Mediation (if necessary): A mediator can help resolve disputes, especially when parties have trouble agreeing on specific terms. 

5. Settlement or Trial: The goal is to reach a settlement agreement. If not possible, the case may go to trial. 

6. Final Judgment: The court finalizes the divorce with a decree that outlines the terms of the divorce agreement. 

Throughout these steps, De Rose Lawyers provide compassionate and comprehensive support. As experienced family law attorneys, we understand the intricacies of divorce proceedings and advocate for your best interests. For a deeper dive into why you need a divorce lawyer, check out our previous blog: Why Do I Need a Divorce Lawyer?. 

Child Custody and Support: Key Considerations from Expert Family Lawyers 

When it comes to family law, few areas are as complex and emotionally charged as child custody and support. Here are some key considerations: 

• Best Interests of the Child: The primary focus in any custody and support case is the child’s best interests. Family lawyers advocate to ensure that the child’s physical, emotional, and educational needs are met. 

• Types of Custody: 
• Physical Custody: Where the child lives. 
• Legal Custody: Who makes important decisions about the child’s welfare. 

• Custody Agreements: These should detail parenting time, decision-making responsibilities, and how future changes will be handled. 

• Child Support: This is calculated based on parental income, custody arrangements, and the child’s specific needs. In Canada, child support typically covers expenses such as feeding, apparel, medicines, and extracurricular activities, ensuring that the child’s day-to-day and developmental needs are met. 

• Modifications: Circumstances change, and custody/support agreements may need adjustments. Family lawyers can help navigate these changes. 

At De Rose Lawyers, we understand the nuances of child custody and support. Our family lawyers are committed to protecting your rights while ensuring the best possible outcome for your child. For more insights on determining custody, visit our blog: Why You Need a Child Custody Lawyer. 

Facilitating Successful Mediation 

Mediation has increasingly become a preferred method for resolving family disputes due to its numerous advantages. Here’s why mediation can be a favourable option: 

• Less Adversarial: Unlike court battles, mediation is a collaborative process. It fosters a less confrontational environment, which is particularly beneficial when children are involved. 
• Cost-Effective: Mediation generally costs less than going to court, both financially and emotionally. 
• Confidentiality: Unlike court proceedings, which are public, mediation is a private process, allowing families to maintain their privacy. 
• Control: Parties have more control over the outcome as they work together to reach an agreement rather than having a decision imposed by a judge. 
• Flexibility: Mediation sessions can be scheduled around family needs and are often less formal than court proceedings. 
• Improved Communication: The process encourages open communication and can help preserve relationships post-dispute. 

At De Rose Lawyers, our role as family law attorneys is facilitating effective mediation. We guide our clients through the process, ensuring their voices are heard, and their interests are represented. Our expertise in family law enables us to provide insightful advice and to help negotiate fair and practical solutions. 

A Balanced Approach to Spousal Support by Family Lawyers 

Spousal support, commonly referred to as alimony, is a crucial aspect of many divorce settlements. It involves financial payments from one spouse to the other and is designed to bridge the economic gap that can occur after a separation or divorce. The purpose of spousal support is to recognize a spouse’s contribution to the marriage and to assist the receiving spouse in becoming financially independent. 

The determination of spousal support can be complex, hinging on various factors such as the length of the marriage, the roles of each spouse during the marriage, and their respective incomes and future earning capacities. This is where a skilled family lawyer becomes indispensable. 

Family lawyers play a vital role in negotiating fair and equitable spousal support agreements. They provide: 

• Invaluable guidance in understanding legal rights and obligations. 
• Assessing financial circumstances. 
• Advocating for a reasonable settlement. 

Whether through direct negotiation, mediation, or court proceedings, family lawyers work to ensure that the spousal support agreement is just and reflective of the unique circumstances of the marriage. 

At De Rose, our approach is to handle these sensitive negotiations with the utmost professionalism and empathy, aiming for outcomes that respect the financial and emotional well-being of both parties involved. 

Collaborative or Traditional? Navigating through Negotiation Strategies 

In family law, the approach to negotiation can significantly impact the outcome and the ongoing relationships between parties. Two standard methods are collaborative negotiation and traditional negotiation. 

Collaborative Negotiation:  

This method involves both parties working together with their respective family lawyers in a non-adversarial setting. The focus is on open communication and finding mutually beneficial solutions. Key characteristics include: 

• A commitment to resolve issues without going to court. 
• A transparent and honest exchange of information. 
• Utilization of joint experts, if needed. 

Traditional Negotiation:  

This is a more conventional approach, where each family lawyer advocates for their client’s interests, often in a more adversarial setting. It can involve: 

• Formal legal procedures and discovery processes. 
• Preparing for the possibility of a court trial. 
• Striving for the best possible outcome for the client may lead to more aggressive tactics. 

Choosing the right approach depends on your case’s specific circumstances and dynamics. Collaborative negotiation is often beneficial when both parties are committed to a respectful resolution and maintaining a cordial relationship post-settlement, especially when children are involved. Traditional negotiation might be more appropriate in high-conflict situations or where there are significant disparities in power or information. 

As family lawyers, our role is to help you understand these approaches and guide you in choosing the one that best suits your situation. At De Rose, we’re committed to advising you on the most effective path forward, ensuring your rights are protected. 

Facing Family Legal Challenges? Count on the Expertise of De Rose Lawyers 

As we’ve explored the multifaceted world of family law, one thing remains clear: navigating these waters requires knowledgeable and compassionate guidance.  

In every aspect, whether through mediation or traditional negotiation, the aim is to find solutions that respect the interests and well-being of all parties involved. At De Rose Lawyers, we pride ourselves on offering support and expertise. Our commitment is to guide you through these challenging times with empathy and proficiency. 

If you’re facing any family law issues, remember that you don’t have to navigate this journey alone. Our team of experienced family lawyers is here to provide the support and guidance you need. Contact De Rose Lawyers for professional help, and let us be your trusted partner in resolving your family law matters. 

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What Is Planned Giving?

Planned giving, or legacy giving, refers to the act of making charitable contributions or bequests as part of an individual’s estate plan. It involves considering the causes and organizations that align with personal values and making provisions to support them financially after one’s passing. It allows individuals to extend their philanthropic efforts beyond their lifetime, in turn creating positive changes in the world.

Benefits Of Planned Giving

Supporting Causes Close To The Heart

Planned giving allows individuals to support causes or organizations they are passionate about. Whether it’s promoting education, healthcare, environmental conservation, or social justice, planned giving ensures that personal values and beliefs continue to make a difference even after one’s lifetime. This provides a sense of fulfillment and leaves a meaningful legacy.

Tax Benefits

Planned giving offers individuals not only the opportunity to make a meaningful impact through charitable contributions, but also provides potential tax benefits. By incorporating charitable giving into your estate plan, you can optimize your tax situation while supporting causes close to your heart. One significant tax benefit of planned giving is the potential for charitable deductions. When individuals make charitable contributions, whether through cash, assets, or property, they may be eligible to deduct the value of those contributions from their taxable income. This can result in the reduction of their overall tax liability, providing a valuable incentive for philanthropic giving.

Furthermore, planned giving allows individuals to effectively manage their estate tax obligations. In many jurisdictions, estates that exceed a certain threshold are subject to estate taxes upon an individual’s passing. By including charitable bequests or donations in their estate plans, individuals can help reduce the taxable value of their estate. Charitable contributions are often deductible from the gross estate, which can lower the taxable amount subject to estate taxes. This can result in significant tax savings, ensuring that more of the estate’s value goes towards supporting charitable causes rather than being allocated to taxes.

It’s important to note that tax laws and regulations vary depending on the jurisdiction and individual circumstances. Working with a knowledgeable advisor, such as De Rose, can help individuals navigate the complexities of tax laws and maximize the tax benefits associated with planned giving. Advisors can provide guidance on the specific tax advantages available in each jurisdiction and assist in structuring planned giving strategies to optimize the tax benefits for the individual and their estate.

Planned Giving’s Impact On The Community

Charitable giving has a profound impact on communities. By supporting non-profit organizations, charities, and foundations, legacy giving helps address critical social issues, helps provide essential services, and helps foster positive change. The financial contributions received through planned giving enable these organizations to carry out their missions, fund research initiatives, provide scholarships, and deliver much-needed support to those in need.

Life Insurance Charity Donations

Life insurance charity donations provide a unique and impactful way to support charitable causes while also securing financial protection for loved ones. With a life insurance policy, individuals can designate a charitable organization as the beneficiary or make the organization the owner of the policy. This means that upon the policyholder’s passing, the designated charity receives the proceeds of the life insurance policy.

One of the key advantages of making charitable donations through life insurance is the ability to make a significant contribution without depleting one’s estate or impacting the inheritance of family members. By naming a charitable organization as a beneficiary, individuals can ensure that a predetermined portion of their life insurance payout goes directly to the charity of their choice. This allows individuals to support causes they are passionate about while still providing for their loved ones’ financial security.

Additionally, life insurance charity donations may offer potential tax benefits. Depending on the jurisdiction and specific circumstances, individuals may be eligible for tax deductions for premiums paid or for the charitable donation itself. Consulting with a knowledgeable life insurance advisor or tax professional can help individuals navigate the tax implications and maximize the benefits of life insurance charity donations.

Overall, life insurance charity donations present a strategic and impactful way to leave a lasting legacy by supporting charitable organizations while maintaining financial protection for loved ones. It offers individuals the opportunity to make a significant difference in the world and contribute to causes they care about deeply.

De Rose Is A Trusted Advisor For Creating A Meaningful Legacy

Legacy giving or planned giving empowers individuals to leave a lasting impact by supporting causes close to their hearts. By including charitable contributions in their estate plans, individuals can experience the satisfaction of supporting their preferred organizations while benefiting from potential tax advantages. Through legacy giving, communities thrive, education is enhanced, healthcare is improved, and the environment is protected. With De Rose as a trusted advisor, you can create a meaningful legacy that positively influences society for generations to come. Embrace the power of planned giving and make a difference that lasts beyond a lifetime.

De Rose understands the significance of legacy giving and the desire to create a lasting impact. As trusted advisors, we specialize in estate planning and can guide individuals through the process of creating a comprehensive plan that reflects their personal philanthropic goals. De Rose works closely with clients to identify their charitable passions, explore tax-efficient strategies, and ensure their wishes are carried out effectively.

With our expertise in charitable life insurance policies, De Rose can provide valuable insights into leveraging life insurance to maximize charitable giving, offering individuals the opportunity to make a substantial contribution while securing financial protection for their loved ones.

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It’s important to know that it isn’t impossible though. You can get a divorce without consent from your spouse. The Divorce Act is a federal law, meaning that laws surrounding divorce are the same in Ontario as they are in all of Canada. Therefore, no matter where you reside in Canada, you do not need your spouse’s consent or approval to get a divorce.

However, to get a divorce, there must be certain criteria met.

• You must be legally married in Canada or any other country
• You have left your spouse already or intend to separate permanently. There is no possibility that you will get back together.
• You and your spouse have lived in Ontario (or the province in which you are separating in) for at least 12 months preceding your divorce application.

Criteria That Must Be Met For A Divorce Without Consent

The above criteria are for regular divorce proceedings, where both spouses agree and want to get divorced. If your spouse does not agree to get divorced, there is some additional criteria that needs to be met.

If there are any children involved that will not be adequately supported financially, then a judge cannot grant a divorce to you alone. Judges also cannot grant a divorce to you alone if the spouse requesting the divorce is not removing religious barriers to re-marriage. Additionally, if neither spouse has lived in the jurisdiction for at least one year, it becomes much more complicated.

What Legally Acceptable Reasons Are There for Divorce? 

To get a divorce, you must be able to show that your marriage has broken down and you don’t intend to get back together. There are three eligible criteria for this: 

• You and your spouse have lived apart for a year or more and both of you consider the marriage over. The application process can begin as soon as you separate from your spouse, but the court won’t grant the divorce until a full year has passed. 
• Your spouse committed adultery and wasn’t forgiven for it upon its discovery. You are unable to request a divorce on the grounds of your own adultery. The adultery must include a physical sexual relationship. Emotional cheating doesn’t count. 
• Your spouse has been physically or mentally abusive or cruel, making living together insufferable. You can’t request a divorce on the grounds of your own abuse.

In the case of adultery or physical or mental abuse, you must be able to prove it has happened in a court of law. These grounds are considered separately from decisions about child custody, support, or other factors. The spouse who didn’t file for divorce will be served with divorce papers. They must respond within 30 days.

How Do I Proceed with the Divorce?  

Before you proceed, it’s very important to consult a divorce lawyer. The divorce lawyer will inform you how the law applies to your unique circumstances and how to protect your rights.  

It’s important to consider more factors than just getting the divorce. You must consider what life is going to look like after the divorce is made official. This means considering how you’re going to support yourself and/or your family with only one income, helping your children through the change, and planning how you’re going to separate assets.  

To process a divorce, you must:  

• Fill out a divorce application.
• Submit the application at an Ontario courthouse.  
• Pay the court fees.  
• Follow any court procedures or rules given to you.  

It’s important to keep in mind that there are several costs involved in getting a divorce in Ontario. There are two different types of divorce – contested or uncontested. A contested divorce is when your spouse disagrees either with getting a divorce in the first place, or some of the terms within the divorce. An uncontested divorce is much easier, as both parties agree to both the divorce and its terms. It’s a good idea to speak to a divorce lawyer before proceeding, in either case.  

The eligibility for divorce remains the same in both cases. In Ontario, only one spouse needs to want the divorce and be able to prove grounds for it. A contested divorce is generally more expensive and takes longer to finalize.  

In these cases, both parties will hire a lawyer to plead their case in front of a judge. This judge will have the final say in how assets are divided, not to mention child custody agreements.

It is extremely important to consult with a lawyer in family law litigation circumstances. You will need someone who intimately knows your situation to properly represent you and litigate your case in court.

Divorce through litigation can be an expensive and lengthy process. The base cost for court fees in Ontario is roughly $583.70. This does not include lawyers’ fees, child support, or spousal support. That number just includes application and processing fees made to the court.

When Is A Divorce Finalized?

A divorce is finalized in Ontario once a judge grants a divorce order. You do not have to obtain a divorce certificate for your divorce to be finalized. However, if you are looking to remarry, then you must obtain a divorce certificate.

De Rose Lawyers Offers Family Law Litigation And Divorce Services To Families All Over Ontario.

At De Rose, we understand that divorces are not always amicable, and situations arise that make it impossible to work things out with a spouse. We are very sensitive to the delicate nature of divorces and relationships and will do everything in our power to work with you throughout the entire process to make it as painless and stress-free as possible.

In situations of family law litigation, it can be very difficult for all parties involved. That’s why we will be by your side the entire time, fighting for your rights and remedies, protecting your children, and always acting in your best interests.

No Matter Your Situation, De Rose Lawyers Is Here To Help.

We work tirelessly and passionately with every one of our clients, earning us a sterling reputation among the legal community.

Our team is dedicated to helping families by taking a personal approach with every client and ensuring your experience is a positive one.

We empower our clients by providing them with flexible appointments, affordable legal fees, valuable tools, and information every step of the way.

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For many, what used to be a time of joy and celebration is now filled with conflict, uncertainty, and loneliness.

We sympathize with the difficulties this situation presents, and therefore want to offer advice and guidance to parents to help ease the transition into new traditions so the holiday season can go smoothly for everyone.

Which Parent Gets The Children For The Holidays?

Determining which parent the children will spend Christmas Day or any other important holiday with can create huge conflict between parents. Of course, each parent wants their children with them on the special day, to make memories together and celebrate with loved ones.

However, it’s important to look beyond just what you want, and what is ultimately best for everybody involved, especially the children.

Do not expect your regular parenting schedule to continue on as normal during the holidays. It is very common for it to change. This is done to allow children to spend time with each of their parents and make holiday memories.

When you were formally divorced, the holiday schedule should’ve been determined in your separation agreement. For many, the exact time and place that the children will be when is laid out to avoid any extra confusion or conflict.

However, if there is no formal separation agreement in place, or the separation is still very fresh, talking with your spouse to work out an agreement is important. It is very important that this conversation is done in private and as calmly as possible. Hear out the other person and look for a compromise that allows both parents time to celebrate.

If Parents Cannot Work Out A Schedule, The Court Can

If you have tried talking to your soon-to-be ex-spouse and cannot reach an agreement, you can ask the court for help. However, we always recommend trying to work out a schedule between the two of you, or with the help of your lawyers, first. Additionally, should you have an existing schedule that is no longer suitable, for example if a parent moves away or the children have outgrown the current schedule, you can ask either the court or your lawyers for help.

The Court Will Always Look After Your Children’s Best Interests

If you decide to pursue going to court to work out holiday visitation, it’s important to understand that what you want won’t matter much to the judge. They will create this schedule in the best interests of the children.

Each parent will have a chance to plead their case and raise their concerns, however, your children’s best interests will always trump parent’s wishes.

A holiday schedule often works differently than regular parenting schedules, and the judge will try and make it so each parent has equal holiday time with the child. So, this means that while your spouse may get Christmas Day with your children, you can have Christmas Eve.

Don’t get hung up on the date you have your children. Christmas, or whatever other holidays you celebrate, can be celebrated on any day. It is about traditions and time spent with family, not the number on the calendar.

3 Things Judges Will Consider When Determining A Holiday Parenting Schedule

1. Family traditions

Where possible, the court will consider what family traditions are important to each spouse when determining how time will be spent. For instance, if your side of the family has their big celebration on Christmas Eve, and your spouse’s family has their celebration on Christmas Day, then they will award time spent accordingly so the children can celebrate with both families. In these cases, it is often an easy solve where both sides benefit.

2. Equal time spent with both parents

When children are in grade school, the holidays don’t just include the statutory holidays. It includes all time-off school given to the children. Therefore, not only are the important days such as Christmas or New Year’s divided equally but also, the entire time the children are off school.

A common divide for the main three days of Christmas is to have the children with one parent from noon on Christmas Eve to noon on Christmas Day, and then the other parent will get the children from noon on Christmas Day to noon on Boxing Day. The remaining holiday time will also be split equally.

3. Rotating holiday time with each parent

Just because your spouse got the children for Christmas Day this year, don’t worry. It is very likely that you will get the children for Christmas Day next year. Unless family traditions dictate an easy holiday schedule, such as in point 1, then courts will often alternate the holiday days spent with each parent. This extends past Christmas, and will often also affect things like birthdays, Easter, Thanksgiving and more.

It’s important to remember that much of the holiday parenting schedule discussed above is only in cases where the parents live nearby and can easily commute the children. If you live far away from your ex-spouse, then the splitting of time will change. For instance, if you are a flight, or even a long drive away, then one parent may get Christmas Eve, Christmas Day, and Boxing Day with the children this year, and you will get them next year.

What About Travelling Over The Holidays?

If you want to take the children on a vacation over the holidays, or even overseas to visit family, then that is allowed. However, it must not interfere with your ex-spouse’s time with the children.

If your spouse is supposed to have the children on Boxing Day, then you cannot decide to take them on a five-day trip starting on Christmas Eve. They must be with their other parent on their allotted days.

However, if you know that your family is overseas and you want to spend the holiday break with them every year, then this can be brought up in court. The judge will work with you, your spouse, and the children to find an equitable solution.

In these cases, most often it will work as if the parents live far away from each other. One parent will get the full holiday break with the children one year, and the next year the other parent will get the full holiday break with the children.

Common Ways Parents Choose Holiday Parenting Schedules

There is no universal right answer for how you should divide your parenting schedules over the holidays. Each family has individual circumstances that will dictate what works best. However, below are some common arrangements to help get a conversation started with your spouse and lawyers, and potentially avoid getting the court involved.

Split Holidays In Half

As stated above, this one is very popular for families who live nearby to celebrate the same holidays. In this case, the children would either spend Christmas Eve with one parent, then Christmas Day with the other. Or, if Christmas Day is the only day celebrations occur, the children may spend the day with both families. For instance, the children spend the morning with one parent and then they switch off with the other parent in the afternoon into the evening.

It is important to coordinate between families for this arrangement to work, as the last thing you want is for the children to feel like they are spending their holiday travelling or feeling rushed with either side of the family.

Additionally, it’s important to make sure your extended family understands this arrangement and does not try to guilt the children about leaving a celebration early or showing up late.

Alternate Holidays Every Year

This is another popular choice for many. If Christmas Day is the most important day for both families, then they will take turns celebrating with the children. One year, your ex-spouse will get Christmas Day, and then the next year, you will get the children on Christmas Day.

Additionally, you can alternate so that your ex-spouse has the children on Christmas Day, and you get Christmas Eve. The next year you would get the children for Christmas Day and your ex-spouse would have the children for Christmas Eve.

Celebrate The Holidays More Than Once

As stated above, don’t feel the need to celebrate Christmas on the 25^th and only the 25^th. As long as your family is together celebrating the holidays and their traditions, then the number on the calendar shouldn’t matter. If needed, celebrate Christmas Day with your children on December 14^th. All that matters is your children get to experience a Christmas with their loved ones.

Assign Fixed Holidays That Matter To Each Spouse

Some choose to forego alternating schedules and instead select fixed holidays. This is an easy solution if each parent has different holidays they celebrate. For instance, if Easter is very important to your ex-spouse but they don’t care about Thanksgiving, you can make it so your ex-spouse gets Easter every year and you get Thanksgiving.

The Right Holiday Parenting Schedule May Need Adjusting

There is no one-size-fits all solution to parenting, and just because a solution is reached for the first year, doesn’t mean you can’t change the holiday parenting schedule down the line for a schedule that works better.

Talk with your spouse about your concerns, your traditions, and your schedule. Additionally, speak with your children about the different options and listen to what they think is best. You can always try out alternating schedules one year and then switch to fixed holidays if that works better.

Communication and understanding from all parties involved, including the children, is the best way to navigate holiday parenting schedules to ensure a stress-free celebration for all involved.

De Rose Lawyers Can Help You Draft A Holiday Parenting Schedule That Works Best

At De Rose, we understand that divorces are not always amicable, and situations arise that make it impossible to calmly solve parenting schedule issues. We are very sensitive to the delicate nature of divorces and relationships and will do everything in our power to work with you throughout the entire process to make it as painless and stress-free as possible.

In situations of family law litigation, it can be very difficult for all parties involved. That’s why we will be by your side the entire time, fighting for your rights and remedies, protecting your children, and always acting in your best interest.

No Matter Your Situation, De Rose Lawyers Is Here To Help.

We work tirelessly and passionately with each and every one of our clients, earning us a sterling reputation among the legal community.

Our team is dedicated to helping families by taking a personal approach with every client and ensuring your experience is a positive one.

We empower our clients by providing them with flexible appointments, affordable legal fees, valuable tools, and information every step of the way.

The post Holiday Parenting Schedule – A Guide For Divorced Or Separated Parents appeared first on DeRose Lawyers.

This article will explore what considerations you need to take, why these steps are so important, and how to get started today.

Why Estate Planning Is So Important

Estate planning is an all-encompassing term for what will happen to your belongings and assets once you die or if you become incapacitated. This includes many things, depending on how many assets, businesses, or properties you have. Estate planning involves writing a will, selecting a power of attorney, assigning trusts if applicable, choosing a trustee or executor for your will, buying life insurance, naming a guardian for your children, and can even include funeral arrangements.

Planning your estate will ensure that your belongings and assets are assigned in the way you wish when you pass. It will also help transfer your assets in a timely and tax-efficient manner.

Three main reasons to plan your estate are:

1. You can choose who you wish to leave what to – if you don’t leave a will, the courts get to decide who gets what. This includes child custody should both parents die.
2. By making these decisions, it makes things easier on your loved ones – this can help avoid arguments, costly legal appointments, and additional stress on your family members. It will also help to speed up the time it takes for your loved ones to receive your assets.
3. This gives you a chance to implement tax-savings strategies – if you plan ahead and meet with professionals to write your will and plan your estate, they can help you and your loved ones avoid certain taxes through trusts, life insurance, and other avenues.

What Is A Will?

A will is a written document that allows a person to make decisions on how their property will be managed and distributed after death. Writing a will ensures that your final wishes are carried out.

How To Write A Valid Will

For a will to be valid in Canada, it must:

• Be written by a legal adult who is of sound mind
• Be a paper document signed in ink by the author of the will
• Be witnessed and signed by two people who will not benefit from the will writer’s estate

There are three main ways to write a legal will, all with their own list of pros and cons.

A Holograph

A holograph is a homemade will that you write yourself by hand. You do not need witnesses’ signatures in this case because the will is in your own handwriting. This route is free, but unless you know exactly what you are doing and what language to use, this type of will is likely to cause massive problems for your heirs when the time comes.

Do-It-Yourself Will Kits/Online Will Services

This is a popular choice for many, as it is quite low-cost. These options use fill-in-the-blank templates that allow you to input your assets and distribution. In this case, much of the crucial terminology is included in it already, but you still need a decent understanding of legalese to ensure it’s filled in correctly. It can also be difficult to add any customization to these templates.

There are also websites that can guide you through the process of writing your own will online. For someone with simple assets and limited property, this avenue can work well, as long as you make sure you are using a reputable online business to do so. Once you have completed the will online, you need to print it out, sign it in front of two witnesses, and put it somewhere safe. With this method, it can be easy to go back later and change/update your will.

Hire An Estate Lawyer

This is the most fool-proof method. It can be pricier than the other two options, but it’s not too expensive and worth the peace of mind it brings. Especially in the cases of complex estate planning, or when multiple properties, businesses, or children are involved. An experienced team of estate lawyers, like De Rose Lawyers, can help walk you through all your options and make sure you have considered all the variables. Additionally, they can help you organize your assets in a way that will make transferring them to your loved ones easier and potentially less taxed.

Why It’s Important To Have A Lawyer Draft Your Will

Oftentimes, home-drawn wills seem like a cost and time-effective way to ensure your wishes are written down. But why rush something so important? Sometimes, flimsy home-drawn wills aren’t valid and can lead to years of costly litigation and beneficiary stress. Consulting with a law firm like De Rose Lawyers can minimize potential infighting between family members over the validity of your will. Additionally, a law firm can also answer your most pressing questions too, including:

• What if one of my estate beneficiaries is a minor?
• What if one of my estate beneficiaries receives government benefits like ODSP?
• How can I exclude a family member from my estate?
• What if one of my estate beneficiaries passes away before me?

What Happens If You Die Without A Will In Place

When a person dies without a valid will, Ontario’s Succession Law Reform Act dictates how an estate will be divided up. This process is called Interstate Succession. Ultimately, most people want to distribute their properties differently from how the state would. Writing a will, ensures your possessions, financial or not, are passed down to the individuals and organizations of your choosing. It’s worth noting, Interstate Succession doesn’t allow for any personal assets to be handed to friends, girlfriends, boyfriends, schools, or charitable organizations.

When To Change/Update Your Will

If you already have a will in place, it’s important to review it every couple of years. This is because your life circumstances can change. Things like births, deaths, adoption, marriage, second marriage, divorce, and your financial situation can all affect your will, thus calling for an update. Essentially, the best way to proceed with changes is to contact a law firm like De Rose Lawyers.

What Is A Power Of Attorney?

A Power of Attorney (POA) is a legal document that gives an individual, called an attorney, the ability and right to make decisions on your behalf. This individual should be completely trustworthy while knowing and understanding all your wishes and needs.

There are two types of Power of Attorney in Ontario. The first is a Power of Attorney for Personal Care and the second is a Continuing Power of Attorney for Property.

Power Of Attorney For Personal Care

This gives your attorney authority over your health, security, and hygiene. Not only that but it gives you a chance to state the type of care you want too. This type of Power of Attorney only takes effect when you become mentally incapable of making your own decisions.

Continuing Power Of Attorney For Property

Taking effect as soon as you sign it, this POA gives your attorney authority over some or all of your finances and property. However, it excludes the authority to make a will on your behalf. This type of Power of Attorney allows for the management of your finances and property on your behalf while you are still mentally capable of managing personal affairs. However, it also lets your attorney continue acting on your behalf if you become mentally incapable too. Moreover, this POA can be “specific” or “limited” too. In other words, your attorney can perform a task like selling a house or you can give them authority for a specified period of time. In some cases, this POA can come into effect only when you become mentally incapable of managing your finances and property. However, this must be specified up front in the document.

Ultimately, it’s your decision how much or how little authority your attorney has. Importantly, you always need to outline the parameters of their power. Remember, when a Power of Attorney is agreed upon, your attorney can do, on your behalf, almost everything with your finances and property that you could. In conclusion, careful planning is always a necessity.

What Factors To Consider When Planning Your Estate

Before reaching out to professionals to help you plan your estate, you must complete a couple of tasks.

You must look at all of your assets, including cash assets (bank accounts, stocks, investments, TFSAs, and RRSPs), non-cash assets (businesses, properties, vehicles, boats, jewelry, heirlooms, etc.), and insurance policies.

You need to decide who you want to receive your assets and when. If you are leaving money to your children, many people choose to put that money in a trust so your children cannot quickly spend it all. It’s also important to note that you don’t have to leave all or any of your money to people. You can also choose to donate your assets to charitable organizations.

If your children are minors, it’s important to decide who you want to become a legal guardian of them should both you and your spouse pass. This is not a small decision, and it’s important to have a conversation with the person you want to select, so this decision is not a shock to them later on. Additionally, if you have any pets, you should list out exactly who you want to take care of your pets should you pass before them.

You need to decide who will be the executor of your will. This person will be responsible for filing your final tax return and ensuring your heirs receive their assets according to your will and wishes. It’s also important to decide who will be your Power of Attorney who can make financial or health decisions for you if you are unable. 

Why Choose De Rose Lawyers?

Navigating the family law system can be complicated and overwhelming. Writing wills and choosing individuals to act on your behalf is very important too. Rest assured, De Rose Lawyers provides the help and support you need so you can move forward. Our team always pays attention to the intricacies of your situation with a great deal of thought and consideration.

We work tirelessly and passionately with every one of our clients, giving us a shining reputation among the legal community. We empower our clients by providing them with flexible appointments, affordable legal fees, valuable tools, and information every step of the way.

Sources:

1. https://retirehappy.ca/too-many-canadians-have-no-will/

The post A Guide To Estate Planning & Drafting A Will appeared first on DeRose Lawyers.

The main three options available are family law mediation, a collaborative approach, and litigation. These options all have various pros and cons and will vary greatly in cost, the time required, and added stress.

In this blog, we’ll go over those three options to try and help make the decision of how to proceed in your divorce easier for you and your family.

Remember, a divorce is a very personal thing. You and only you can ultimately decide the right path forward, whether it means mediation, collaboration, or litigation.

What Is Divorce Mediation?

Mediation is a good option for you if you’d like to avoid going to court. Essentially, mediation is a negotiation between you and your spouse with the help of a neutral third party. If you and your spouse are having a difficult time coming to a solution about what to do with your assets and childcare responsibilities, this third party will help you come to a solution, without a judge ruling.

This Third-Party Will Help You Decide On Important Matters, Such As:

• Parenting time and decision-making responsibility regarding children.
• Dividing property and assets.
• Supporting payments.

The Third-Party, Also Known As The Mediator, Is Often A:

• Social worker.
• Psychologist.
• Lawyer.
• Or other professionals.

A mediator is meant to be neutral to both parties, and therefore cannot take sides, give legal advice, or make any decisions on your behalf.

Mediation is a great choice if both parties want to work together to come to a solution. It will only work if both parties feel safe meeting and talking out the issues with one another. Both parties must be willing to listen to each other, while also voicing their concerns, and working together to a solution in the end.

It’s important to know that a mediator does not replace a lawyer or give legal advice. Before going into mediation, it’s a good idea to consult with a lawyer or retain a lawyer to stay by your side throughout this process to ensure your rights and remedies are being respected.

If both parties have come to a decision about the division of assets and childcare responsibilities, you should still consult with a lawyer before signing any paperwork and making it final.

If you would like to have your lawyer present during mediation, you may absolutely do so.

Both parties must agree on the person that will mediate. It’s best to meet with several mediators before selecting one to ensure both parties are comfortable with that person.

You Should Select A Mediator Who:

• Completed specific training related to your situation.
• Has professional experience in the fields of social work, education, law, or psychology.
• Is experienced with family law issues and solutions.

You Can Find A Mediator By:

• Doing your own research online for law firms, individuals, and other practices offering family law mediators.
• Speaking with community groups or counselling organizations in your neighbourhood that may also offer family mediation services.
• Going to the family court in Ontario. There are many court-connected mediation service providers. This is a very good option for partners who may be financially strapped, as many of these service providers offer free mediation services, sliding scale payments, and more.

Click here for a list of family court family mediation services available in Ontario.

De Rose Lawyers Offers Family Law Mediation Services To Families All Over Ontario.

We understand this is one of the most stressful times in your life, which is why De Rose family lawyers treat every client with compassion and understanding. Our highly experienced legal team takes the time to listen and go over all your options. We’ll ensure you select the approach that’s right for you and your family. This way, you can reach a fair agreement and move forward.

What Is A Collaborative Approach?

A collaborative approach is similar to mediation in many ways. Ultimately, the goal here is to come to a solution that works for both parties without going to court. In a collaborative approach, each spouse works together with their lawyers to resolve any outstanding issues.

This process differs from mediation in the number of professionals involved in the process. It’s common to bring other professionals into the process to help sort everything out. This includes financial advisors, child specialists, and other professionals. Based on the individual circumstances of your case, the team can vary.

For a collaborative process to be successful, both parties must be willing to work together, act in good faith, and provide full disclosure.

The Benefits Of The Collaborative Process Are:

• Preservation of relationships between partners and children.
• A cost-effective resolution that doesn’t drag on.
• Respect, dignity, and care are granted to both parties.
• Matters can be kept both confidential and private.
• Both parties have full autonomy over decisions made.
• No one feels left out or like they got a worse deal.

Through these meetings, both parties will eventually reach a Separation Agreement and in the case of children, a Child Custody Agreement.

A collaborative divorce is an excellent option when the two parties are both amicable and want the separation to take place. However, in cases where there is bad blood between parties, or one party is unwilling to divorce or work together, a collaborative process is unlikely to work successfully.

De Rose Lawyers Offers Collaborative Process Divorce Services To Families All Over Ontario.

We understand that a relationship sometimes doesn’t work out, even when there is still love and respect present. In these cases, we will work with our client to ensure a stress-free, timely divorce where all parties can leave satisfied. If you are looking to go over your options with a team of family law experts, De Rose is here to help you come to the best solution, together.

What Is Litigation?

When a couple decides to divorce through litigation, it means they are pursuing their divorce in family court. This is often the case in situations where partners cannot agree upon the division of assets or childcare responsibilities, or in the case that one party does not want to divorce. The downside of litigation is that it takes much longer, as many family law courts are backlogged. Additionally, it can cost more and put more stress on family members.

Family court can be quite emotionally draining, not just for the spouses, but for the children and other family members involved.

However, in certain situations, litigation is simply the best option available. If you were in an abusive relationship, simply can’t work together or agree on terms, or have another complicated situation in front of you, it can be the best option to pursue your divorce in the court system.

How Does Family Law Litigation Work?

In these cases, both parties will hire a lawyer to plead their case in front of a judge. This judge will have the final say in how assets are divided and child custody agreements.

It is extremely important to consult with a lawyer in family law litigation circumstances. You will need someone who intimately knows your situation in order to properly represent you and litigate your case in court.

In Ontario, you must be separated for at least one year in order to proceed with a divorce. However, if there are suitable grounds under adultery or cruelty/abuse, then this waiting period is voided.

Divorce through litigation can be an expensive and lengthy process. The base cost for court fees in Ontario is roughly $583.70. This does not include lawyers’ fees, child support, or spousal support. That number just includes application and processing fees made to the court.

It is not always a lengthy or costly process to go through family law litigation, however. In the event of an “uncontested divorce”, which means neither party has any objection to the divorce and agrees on the division of assets, a divorce can be granted quite quickly.

When Is A Divorce Finalized?

A divorce is finalized in Ontario once a judge grants a divorce order. You do not have to obtain a divorce certificate for your divorce to be finalized. However, if you are looking to remarry, then you must obtain a divorce certificate.

The Pros Of Divorce Litigation Are:

• You have a lawyer by your side every step of the process, negotiating on your behalf with the other lawyer.
• Decisions can be appealed after the fact.
• Clients may feel satisfaction from having their day in court to plead their case.
• It may be the only option available based on your individual circumstances and relationship.

De Rose Lawyers Offers Family Law Litigation And Divorce Services To Families All Over Ontario.

At De Rose, we understand that divorces are not always amicable, and situations arise that make it impossible to work things out with a spouse. We are very sensitive to the delicate nature of divorces and relationships and will do everything in our power to work with you throughout the entire process to make it as painless and stress-free as possible.

In situations of family law litigation, it can be very difficult for all parties involved. That’s why we will be by your side the entire time, fighting for your rights and remedies, protecting your children, and always acting in your best interest.

No Matter Your Situation, De Rose Lawyers Is Here To Help.

We work tirelessly and passionately with each and every one of our clients, earning us a sterling reputation among the legal community.

Our team is dedicated to helping families by taking a personal approach with every client and ensuring your experience is a positive one.

We empower our clients by providing them with flexible appointments, affordable legal fees, valuable tools, and information every step of the way.

The post Family Law Mediation Vs. Collaborative Approach Vs. Litigation – What’s Best For Me? appeared first on DeRose Lawyers.

Common-law typically refers to two people in a romantic relationship that live together but are not married. Despite the rise in popularity, there are still many misconceptions about common-law relationships.

Four Popular Misconceptions About Common-Law Relationships

1. Common-Law Relationship Laws Are Treated The Same Across The Country

Common-law relationships are not treated the same across Canada. Each province is responsible for creating its own laws surrounding the rights and remedies of common-law partners. Unlike marriage, these laws vary quite dramatically from province to province.

Many provinces have some sort of common-law standing, except for Quebec. Quebec does not recognize common-law relationships at all.

In Ontario, you are considered common-law once you have been living together in a conjugal relationship for a minimum of three years. However, if you have a child together, either naturally or via adoption, you must only have lived together for one year.

2. If A Common-Law Couple Breaks Up, Assets Are Divided

Unless there is a cohabitation agreement or some other legal agreement created between the common-law couple, then there are no laws surrounding the division of property acquired during the relationship.

There is no such thing in Ontario as matrimonial property. However, if you’ve been in a common-law relationship and you’ve contributed to a property that the other person owns, you can make a claim for property. A claim for the property is not unique to common-law relationships though. Anyone who has contributed to any other person’s property can make a claim for property.

This is different in British Columbia though. In B.C., if a common-law partnership breaks up, partners are entitled to a 50/50 split of assets and shared debts. This excludes pre-relationship property or any inheritances.

3. You Are Only Entitled To Spousal Support If You Were Married, Not Common-Law

In many common-law splits, spousal support is not awarded. However, the same is true for many divorces. Both are possible though; it just depends on other factors.

Spousal support is not typically very commonly awarded. One party must be seen as entitled to it. This usually means that there would be economic consequences to the break-up for one party. A common example of this would be if one partner gave up their career to care for the children and therefore was reliant on the other one’s income.

4. Children Have No Bearing On Common-Law Status

Children have a huge impact on common-law standing in all provinces. As stated earlier, you must live together for three years in Ontario to be considered common-law. However, when a couple has a child, they only need to be living together for one year to be considered common-law.

Even in Quebec, a province that doesn’t recognize common-law, children are considered extenuating circumstances.

Are Two People Who Live Together Considered Common-Law, Regardless Of Relationship?

The short answer is no. Ontario only considers those who have been living together for more than three years in a conjugal relationship as common-law.

A conjugal relationship is more than just a romantic or sexual relationship. In Canada, a conjugal relationship only exists when two people share an emotional connection, as well as sharing a home and finances.

Additionally, two people who do not meet the requirements for common-law can still protect themselves if they wish to live together and share expenses. You can sign a cohabitation agreement, which will outline who is entitled to what in the event of separating or moving out. A cohabitation agreement can be signed after you’ve already been living together, however, it’s advised that you sign one before moving in.

You Cannot Be Common-Law And Married To The Same Person

If you are married to your spouse, you cannot also be common-law to them. However, you can still be legally married to your spouse and live common-law with someone else. If you are separated from your spouse and living with someone else for more than three years or share a home and child with them, you will be considered common-law.

Two Main Changes When Entering A Common-Law Relationship Vs. A Regular Relationship

1. You and your partner are considered spouses when it comes to government documents, programs, and workplace benefits. Certain benefits can still exempt you however if they specify that they are only available for married spouses.
2.  You and your partner will now have spousal support obligations to one another.

Common-Law Relationships Are Not Protected In The Family Law Act

The Family Law Act in Ontario only protects married couples, not common-law relationships.

Certain aspects of the separation are treated the same, such as custody, access, and child support. Spousal support is also treated the same as a traditional marriage if the couple has lived together for at least three years or has lived together for less than three years but share a child together.

However, the process for dividing property in a common-law marriage is quite different than traditional marriage. Equalization payment doesn’t exist in common-law separations to divide the couple’s finances. Usually, the party that bought the item or asset owns it, but you may have to prove you were in fact the one who bought it.

In some scenarios, common-law partners may have to divide their assets if they can show they acted like a married couple as opposed to a “joint family venture”. Even in these scenarios though, a different method of dividing assets is used than in traditional marriages.

How Do You End A Common-Law Relationship?

If you want to end your common-law relationship, you can just end it. However, you may find you need a lawyer if you’re having difficulties coming to an agreement about shared assets with your partner.

If you share a child with your common-law partner, then you may find you need a lawyer to help establish custody, access, and support.

No Matter Whether You’re Married, Common-Law Or Cohabitating, De Rose Can Help

We work tirelessly and passionately for every one of our clients. This has earned up a sterling reputation among the legal community.

Our team is dedicated to helping families by taking a personal approach with every client. This helps ensure a positive experience for everyone. If you are considering your options with your partner, we can help walk you through the benefits of each option. If you are looking to separate from your partner and want to ensure your rights are protected, we can help with this too.

We empower our clients by providing them with flexible appointments, affordable legal fees, and valuable tools.

References

1. https://www150.statcan.gc.ca/n1/daily-quotidien/170802/dq170802a-eng.htm

The post Your Common-Law Relationship Questions Answered! appeared first on DeRose Lawyers.

When a marriage breaks down, the children often end up splitting their time between two different households. How long the child spends at each house is usually determined by a court of law and custody agreement. There are, however, many cases when a child will decide that they wish to spend more of their time, or all of it, with one parent over the other.

The COVID-19 pandemic has placed an incredible strain on many parents, slowly deteriorating the physical and mental health of many Ontarians. As a result, many marriages have been impacted. This may lead to an increase in divorces in Ontario, creating potentially complicated child custody cases. During these difficult times, the guidance of a family lawyer can help make these decisions easier.

If you get divorced, it’s important to consider the impacts the child custody agreement may have on your children. By speaking with a family lawyer or mediator, they can help ensure your children’s voice is heard throughout the process.

Child Custody in Ontario: Understanding Ontario Family Law

The psychological effects of divorce on a child can be very serious. They can have long-lasting impacts. Should you choose to divorce, it’s important to take extra steps to ensure all parties are satisfied with the child custody arrangements. This includes your children.

Child custody cases are complex. This is especially true if the child has differing opinions regarding their parent’s divorce or custody arrangements. At times, a child may wish to live with one parent over the other one full-time, which can create complications.

But the truth is that according to Ontario Family Law, a child cannot determine their own custody until the age of majority, which is 18. However, there are some cases where a judge will take into account a child’s preference. The closer a child is to 18, the more likely a judge will be to take their opinion into consideration when deciding custody.

Child Custody In Ontario: Determining the Best Interests of the Child 

When custody arrangements are determined by a judge, they will outline custody arrangements that speak to the best interests of the child. Even if a child has strong preferences on who they wish to spend their time with, Ontario Family Law will consider much more than just the opinions of the child.

When determining child custody in Ontario, Judges will consider:

• The child’s preferences.
• The child’s needs and living circumstances.
• The emotional ties between the child and their other family members including siblings, parents, and grandparents.
• A parent’s ability to provide the child with guidance, education, and the necessities of life.
• A parent’s ability to address any of the child’s special needs.

Child Custody In Ontario: How To Ease Your Children Into Divorce

Divorce can be especially hard on your children. As they face their own emotional challenges, leaving them unaddressed can prompt feelings of stress, confusion, and guilt.

There are many negative impacts a traumatic divorce can have on your children. Without the proper steps and preparation, your children could be facing several issues, such as:

• Struggling in school due to embarrassment or other emotional complications due to parents ending their relationship.
• Loss of interest in sports, hobbies, or other extracurricular activities.
• Issues managing emotions throughout life including anger, grief, and sadness.
• Self-destructive behaviors that can have long-lasting developmental complications.
• Slow developing mental health problems including PTSD, anxiety, and depression.
• Developing antisocial or other behavioral problems that could grow into larger problems later in life.
• Developing severe alcohol or drug problems including addiction.
• Creating unhealthy relationships or other behavioral or romantic patterns later in life.

Child Custody In Ontario: How Parents Can Support Their Children During Divorce

There are several ways parents can ease their children through the process of divorce. The support systems you can create for your children can help to ensure their well-being after the divorce has been completed.

These avenues of supporting your children through a divorce include:

• Creating open dialogue between parent and child. This means inviting children to ask any questions regarding the divorce. While parents might be struggling emotionally during the divorce, it’s important to offer the children emotional support and explanations as to what will happen next.
• Exploring therapy for your child along with yourself. Speaking to a professional can help children navigate the emotions they are feeling and guide them on how they can explain the divorce to their friends.
• Take steps to ensure that your child understands that they do not need to choose sides. Divorce shouldn’t be viewed as a battle. Your child does not need to view one parent as the “bad” parent, and one as the “good” parent.
• Ensure your child understands that they are just a kid and not your confidant, mediator, messenger, or therapist. Never enlist your children to send messages to another parent, or emotionally unload on them as you would on a therapist or friend.

Child Custody in Ontario: Family Law Services Offered By De Rose Lawyers

The family lawyers of De Rose can help draft up a custody agreement that works best for all parties involved, including your children. Family lawyers are highly effective at reducing conflict and stress. We help to manage the emotions that can arise from a divorce.

Divorce is never easy. Anyone considering a divorce should enlist family lawyers that can guide you through the process and navigate its complexities. Lean on those who specialize in family law to make both divorce and custody agreements as easy as possible.

You are not alone during a divorce in Ontario. Contact De Rose Lawyers and inquire about all family law matters that you may be facing. Find legal guidance that can make the process of divorce in Ontario as simple as possible.

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Many people will receive an inheritance at some point in their lives, but most people do not understand how inheritance works and what is involved in the process. When you receive an inheritance, it’s important to know how the process works in Canada, so we have compiled a list of common inheritance questions to make the process easier for you.

What is an inheritance?

When someone passes away, their property and other assets are distributed to the beneficiaries of their Will. A person can decide who their beneficiaries are and what will be given to whom. The “estate” of the deceased must pass on its assets, with the beneficiaries inheriting the assets.

Who can receive an inheritance in Canada?

The deceased individual’s Will outlines who inherits the assets held by the estate.

What is the difference between monetary and estate inheritance?

A monetary inheritance is in the form of cash, while an estate inheritance may include other assets including property, collectibles, cars, jewelry, stocks, bonds, or other investments.

How is an estate inheritance distributed when there is not a will present?

When someone passes away without a will it is referred to as passing away as “intestate.” In Ontario, the assets of the property will be passed on according to the Ontario Succession Law Reform Act.

How long does it take to receive an inheritance?

It can take anywhere from six to twelve months after an individual’s passing to distribute the assets of an estate.

How to apply for death benefits in Ontario

The Government of Canada outlines the qualifications for death benefits along with how to apply online. There are a number of requirements that must be satisfied to receive the death benefit which consists of a one-time payment of $2,500. There are a number of other benefits that may be available as well including a survivor’s pension and benefits for children under the age of 25.

Visit the Government of Canada website to learn more.

Wills and inheritance proceedings facilitated by De Rose Lawyers

De Rose Lawyers is experienced in handling wills and inheritance proceedings for people receiving an inheritance in Ontario. Navigate the complex nature of inheritance with the professionals at De Rose Lawyers.

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Divorce in Ontario can be a complicated matter. Additionally, the COVID-19 pandemic has strained many relationships across the country with some couples choosing to divorce. There are several ways to divorce and many people choose to go the route of mediation before heading to court. Before you make a decision, it’s important to understand the differences between mediation and heading to court for your next divorce. By researching different divorce options, not only can you save time and money, but you can also save your partner’s time and money, should you decide to proceed with divorce.

Here’s what to expect before proceeding with mediation, how you can prepare for it, and the different outcomes you can expect.

How Divorce Mediation Differs From Going To Court (Litigation)

Divorce mediation in Ontario is often used when two divorcing parties are unable to agree on the aspects of their divorce or they’re looking for a less intense environment to settle their divorce. Therefore, you can opt to use a neutral third party, often a family lawyer, to help two parties come to an agreement during a mediation session on issues such as child custody and asset division. The mediator themselves does not propose a solution to a divorcing couple’s issues, but instead helps facilitate discussion and helps them reach a mutually agreeable solution. By using a divorce mediator, couples can resolve their differences without heading to court and avoiding litigation.

Divorce Mediation Prep – The Pre-Mediation Stage

There are a number of ways that you can prepare for mediation during what is known as the “pre-mediation” phase.

• Collaborate with the mediator directly and provide any details that they might require. This includes providing background details on the family situation, the marriage, and any outstanding issues the two parties are having difficulty resolving.

• Provide any financial details to the mediator as requested which may include a list of assets the couple holds.

• Next, make a list of what is most important to you and understand what your rights are as a divorcing party in Ontario. Understand what you are entitled to during a divorce and be prepared to negotiate.

• Attempt to take emotion out of the situation and focus on the individual problems, not the problems you have with your ex-spouse. Mediations can be difficult and emotional. Attempt to focus on the facts and reaching a fair settlement for both parties.

• Consider collaborating with your own family lawyer before mediation. Make a list of “what if” scenarios, potential points of conflict you are willing to bend on, and other “bottom lines” that are non-negotiable.

• Lean on the guidance of family law professionals who are well-versed in family law and can make decisions based on facts, data, and the rule of law in Ontario. Legal counsel can help you make a stand against your partner and fight for what is rightfully yours.

• Remain patient and prepare to stay the course. Consider that one party may attempt to bully another into a resolution. During pre-mediation, know your rights and persevere through difficult negotiations and unexpected demands.

• Trust the process of mediation. Believe that the mediator who has been selected for mediation has the best interests of both parties in mind. Find a mediator that is trustworthy and experienced, one that maintains their integrity and professionalism throughout every step of the process and is completely impartial.

How to Choose the Right Divorce Mediator

Divorcing parties will have to come to an agreement on which mediator to use. Not all mediators are family lawyers, and by law, they don’t have to be.

Mediators can be anyone who has training in the areas of law, psychology, social work, or education. In some cases, social workers or therapists can be used to mediate a divorce, but ideally, the right mediator has extensive experience in family law and is a neutral third party.

Divorcing parties should keep in mind that mediators do not give legal advice, nor do they take sides or make decisions for the couple. Instead, they facilitate discussion, guide negotiations, and help two parties come to an agreed-upon resolution.

If you are considering using mediation during your divorce, research multiple mediators before you decide on one, and be sure to ask about their experience, expertise, education, and track record. All family law professionals should be able to provide references from past clients who can vouch for their work and experience. Be sure to shop around and find a mediator who is best suited for your divorce.

What To Expect During Divorce Mediation

A mediation session can be conducted face-to-face, or, through different meeting rooms. When emotions are high, the two parties are often separated into two different rooms with the mediator moving back and forth between the meeting spaces. During the mediation itself, the mediator uses information that has been collected during the pre-mediation stage and will attempt to help the couple resolve their differences. It is possible that not all issues will be resolved during a mediation session but can instead reduce the number of issues at hand and leave both parties to contemplate fair solutions once the mediation session is complete.

Some parties opt to attend their mediation sessions in person or have their family lawyer represent them instead. It’s up to the individual ultimately on the role their own legal counsel will play during the mediation session.

Divorce Mediation and Family Law Services Offered by De Rose Lawyers

Couples that choose to use mediation are not required to hire their own divorce lawyer but could benefit greatly from independent legal counsel. Hiring a lawyer to help you navigate through the complexities of divorce in Ontario can help to ensure your rights and wishes are respected. Individual legal counsel can help to strengthen your legal position during mediation and fight for what is rightfully yours.

De Rose Lawyers offers a strong team of family law lawyers that can help you whether you decide to divorce through the Ontario court system, or through mediation. We offer both divorce mediation and divorce lawyer services, to suit whatever your needs are. Lean on the experience of De Rose Lawyers and find clarity during these complicated times. Ensure that your rights are protected should you decide to divorce, and you receive what you are rightfully entitled to during a divorce.

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