While the incidence of divorce in Canada declined, reaching a 47-year low, divorce is still high in the region. According to Statistics Canada, the current divorce rate in Canada is 5.6 per 1,000 married persons.
Interestingly, nearly one-third of divorces are joint applications, which are easier to resolve. That means most of those who filed for divorce are one-sided, requiring additional paperwork.
The Canadian Family Law system, with its unique intricacies, requires an expert interpretation, which lawyers can provide.
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Understanding The Complexity Of Family Law In Toronto: Role Of Lawyers
Family law, by nature, encompasses more than just the dissolution of marriage. Toronto’s legal framework for handling these issues is detailed and specific.
If filing for a divorce, seek guidance from family lawyers in Toronto who are well-versed in the local legal environment.
Here are some ways on how they can help you:
Child Custody And Support
Child custody and support are among the most sensitive aspects of divorce proceedings. Determining the child’s best interest requires a thorough understanding of local statutes and case law.
Ontario courts use the Child Support Guidelines extensively. They focus on ensuring that support payments reflect the family’s standard of living before separation.
A Toronto family lawyer can provide invaluable assistance in navigating these waters. They can ensure the child’s welfare remains a priority while respecting each parent’s rights and responsibilities.
The approach to child custody and access is another area where Ontario’s laws can be tricky to navigate.
Ontario courts will encourage as much interaction with each parent as is consistent with the child’s well-being.
Other provinces share this focus but might have different procedures or programs in place to assist with determining custody arrangements.
For instance, British Columbia has family justice counselors who offer free services to help parties reach agreements on custody and access. It may be something that is not uniformly available in Ontario.
Spousal Support
Filing for spousal support in Ontario after a divorce or separation can be essential for individuals at a financial disadvantage post-separation.
This situation often arises when one partner has sacrificed their career opportunities or earning potential during the relationship.
As a result, spousal support serves as a mechanism to address these financial disparities.
It ensures that the lower-earning or non-earning partner receives financial assistance to maintain a reasonable standard of living after the relationship ends.
It acknowledges the contributions made by both partners during the relationship and aims to mitigate the economic hardship following a fallout.
An Ontario family lawyer can assist in a contested divorce where spousal support is a key issue.
A skilled family lawyer can help by assessing the unique circumstances of your case. They can dive deeper into the marriage’s length, spouse’s roles, and individual’s income and earning capacity.
They can advocate on your behalf in court negotiations to ensure that the spousal support awarded is fair and equitable.
Since they are well-versed in case law and statutory requirements, they can argue for a support arrangement considering your financial needs and spouse’s ability to pay.
Property Division
The division of assets has many legal nuances, including marriage length, each party’s financial status, and contributions to the marriage.
In Ontario, the principle of equal division of property acquired during marriage applies. It ensures that partners leave the relationship with a fair share of the assets.
Even if one partner owned certain assets before the marriage or acquired them as a gift, the law has specific stipulations. It mandates equal sharing of the increase in value of these assets during the marriage.
When the marriage ends, calculating the equalization payment, or the equalization of net family property, becomes a critical step.
This payment balances out any partners’ net worth disparities, ensuring equitable property division.
Couples can divide their property in ways that best suit their needs through a separation agreement, provided they both consent.
This option allows for a personalized division of assets to address preferences and circumstances more closely than the standard equal division.
However, each partner must have their own lawyer review the separation agreement before signing. This step ensures both parties fully understand their rights and obligations and helps prevent future disputes.
Since the separation agreement is difficult to amend after it is signed, make sure to have a legal counsel review it.
Choose The Right Lawyer For Your Divorce Case
Selecting the right family lawyer is crucial. Look for someone with a deep understanding of the law and a proven track record in handling divorce cases.
Most importantly, go for the one who can provide personalized and compassionate service. Consider their experience, reputation within the local legal community, and approach to handling sensitive issues like child custody and asset division.
