Our Services

Divorce

When you find yourself in a situation of separation and divorce, it can be hard to find simple answers to your simple questions, and each province in Canada has certain regulations and requirements that govern the process. Our associates can assist you in determining the next steps in this process to ensure your best interests are protected.

Child Support

Child support is payable for any child under 18 years of age and who remains in the care of the parents, including non-biological children. It may extend past the age of 18 years of age if the child is unable to provide for himself or herself due to illness, disability or other cause, including attendance at post secondary school.

Despite popular belief, where a child under 18 years of age resides with both parents equally child support is usually still required to be paid by one parent. The parent with the higher income (the “Payor Parent)” is required to provide support for the child to the parent with the lower income (the “Recipient Parent”. In cases where the parents have incomes that are approximately the same, child support may not be payable by either parent.

When the child is primarily in the care of one parent, the parent whom the child does not primarily reside with is required to provide support for the child. The amount of support payable by the Payor Parent is determined based on the Guidelines by using the Payor Parents income.

Property Distribution

Assets accumulated during a marriage or common law relationship are considered personal and real property are included in the distribution of property when the relationship deteriorates. This includes bank accounts, pensions, CPP, RRSPs and any other property that is owned by the couple at the date of Petition and is presumptively to be divided equally. Assets may not be divided equally if it would be unfair or inequitable to so. Additionally, upon separation some property may be exempt or excluded from the family property distribution. While there are multiple ways in which property may be exempt the most common reason is that the property was owned by one of the spouses prior to the commencement of the relationship. Regardless of the ownership of the Family Home and household items they part of the property distribution.

Prenuptial Agreements

A prenuptial agreement is a private agreement between a couple signed before they get married which sets forth the division of their assets in the event of divorce or death.

Interspousal Contracts

Prior to getting reaching the point of a common law relationship a written agreement can be entered into by both parties signing off on the terms of the agreement. Often an interspousal agreement is entered into to protect the parties from the possibility of separation or divorce and set out the requirements of the property distribution, spousal support and many other terms. Upon divorce or separation the terms of this Agreement are upheld and subsequently become the terms of the divorce or separation.