What is Separation/Divorce?
A common misconception is that the words “divorce” and “separation” can be used interchangeably in family law. In reality, the two terms have very different legal meanings.
Separated under the Ontario Family Law Act means when spouses are living separate and apart, and there is no reasonable prospect that they will resume cohabitation. Divorce legally ends the marriage and allows the ex-spouse to remarry.
What Happens If I Separate / Divorce?
While separation and divorce are difficult decisions to make, Tailor Law actively supports your transition and assists you with making important decisions on your finances, child support matters, spousal support, and the division of property
Spousal support involves payments made from one party to another after a separation or divorce. Unlike child support, the amount of spousal support (often referred to as alimony), can be difficult to quantify. The Department of Justice in Canada has created the Spousal Support Advisory Guidelines, which provides flexible ranges rather than a set amount of spousal support.
Child Support is determined according to the Child Support Guidelines, which provides a table amount to be payable base on the number of children, the parenting schedule and the children’s primary residence, as well as the paying parent’s income. In determining who pays child support, the Ontario Family Court will use the Child Support Guidelines to make determinative decisions on the amount and frequency of the child support. Although your child/children may spend an equal amount of time with either parent, both parents will have to pay child support.
Division of Property & Assets
If you are a married couple that decides to separate or divorce, the value of the property between the parties is usually shared. As common-law couples have different rights, common-law spouses are usually excluded from the property sharing provisions of the family legislation, and the right to equalize property usually does not apply. In order to calculate the value of your respective property at the end of your relationship, you should list and value all of your assets and debts at the date of separation. By taking account of this calculation, you can calculate your Net Family Property (NFP). Your NFP is a calculation of how much money a married Party is worth at the end of the relationship minus what that Party brought to the marriage.
Legal Separation Agreement
Unlike divorce, a separation simply means that a couple is living separate and apart despite remaining legally married. A legal separation agreement is a legally binding contract between two parties. This is an upsetting and confusing period in their lives. During this time you must make important decisions such as property division, child access and custody, spousal support and child support. A Legal Separation Agreement will outline each party’s rights on all issues. A separation agreement drawn up by an experienced lawyer at Tailor Law will help to ensure your rights are protected during separation.
Trial & Litigation
A family court lawyer is a lawyer who represents you in matters of child custody, spousal support, a division of property, parental rights, spousal support, divorce, and most issues affecting families. Lawyers at Tailor Law can help prepare your case for trial by focusing on your argument and putting your best case forward. This includes preparing statements in your defence that are based on case law precedent. Case law precedent is legal cases that have been decided in previous courts that are similar to your case and are used to make your case stronger. Tailor Law’s Family court lawyers also assist by preparing you for your hearing or trial.
In addition to preparing you for your trial, a litigation lawyer will control your case in court by providing unwavering support to you and your family and managing developments in your case with your best interest in mind. This means that the lawyers at Tailor Law will communicate openly with you, respond to your concerns in a timely manner, and manage your case efficiently. Our litigation services are meant to provide peace of mind for any party undergoing the court process.
Cost of Divorce
The cost of divorce is calculated on a case-by-case basis. Tailor Law works with you to provide quality services at the best prices and will work on your behalf to provide the best possible outcome for you.
At Tailor Law, most family law matter are billed by the house. That means that you are only billed for the amount of time it takes for the lawyer to help you. There are a few instances in family law where we can determine the cost of the matter beforehand, however, in some instances, we offer a flat rate.
Book a Consultation Today
Knowing you’re the best angle to approach your matter is an important strategy in any legal case. It’s even more important when your family is at stake. A consultation with our lawyers will steer you in the right direction. The lawyers at Tailor Law provide professional and effective services for you and your legal needs. In order to be accessible to clients and prospective clients, our phone lines are always open to book a consultation. Call us at (905) 366-0202 or contact us online to schedule an initial consultation.