Family Law

When both you and your partner agree on the divorce's negotiated terms, it is called an uncontested divorce. Generally, courts require the couple to stay separated for a year before granting a divorce. In such cases where both individuals agree on the issues, divorce is usually granted without making an appearance in court.

In other cases, where one or both the spouses have a significant disagreement on the points raised by the divorce, it is called a contested divorce. Couples may disagree over the custody of their child/children, child and spousal support, matters dealing with property, among others. The court will require the individuals to file documents listing their respective positions highlighting the disputed areas. If the party does not reach a consensus, a court judge decides on the matters and grants a divorce.

Are you wondering which of the two supports take precedence? In most cases, child support payments come first over spousal support. The courts will ensure appropriate child support payments are awarded based on the child support guidelines.

On the matters of spousal support, the courts are more flexible. In cases where divorce's financial implications become overwhelming for one individual, the courts may lower the spousal support payments.

At ME Law, we can draft you a very detailed separation agreement that would also fully protect your children's rights not only now, but even after the separation to the extent where even the schedules of children with each partner are pre-determined and agreed in the future. In addition, we make sure that their interests are even protected should any of the leaving partners start a new family at some point in the future and so their members can be in any way detrimental to your child's well-being.

In Ontario, the parent with whom the child lives receives child support payments from the other. The child support guidelines determine the particular amount to be paid by the non-custodial parent.

According to the guidelines, child support comprises the table amount (basic monthly) and extraordinary expenses. The table amount is governed by the gross annual income of the non-custodial parent and the number of children that need support.

If child support payments are not being made according to the separation agreement, you can notify the court and Family Responsibility Office to ensure compliance.

Time after time, we see that certain partners do not wish to honour their obligations under the pre-nuptial agreements - thus, we make sure that your rights are protected in such cases and only what is allowed under the law is included in Net Family Equalization statements.

The amount of spousal support depends on a case-by-case basis. However, there is no legally binding guideline for spousal support.

Court judges refer to the spousal support advisory guidelines when deciding the amount of support to be paid and other factors such as the party's financial capabilities and economic hardships.