Chown Cairns Legal Advice Blog

The steps for divorce in Ontario

Feb 9, 2017

If you want to file for divorce, have been served divorce papers or are simply considering divorce, you may have questions about what is involved. In order to dissolve a marriage in Ontario, you must prove in the Superior Court of Justice that you are legally married and that your marital relationship has broken down. The steps for divorce begin with preparing and filing an application with the court.

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Topics: Family Law

Your duties as the executor of a will

Nov 8, 2016

Being chosen or appointed as the executor of a will is an important and complicated duty. When you are chosen as the personal representative of someone's will, you are not only required to hand out the estates property, but you are also responsible for wrapping up the personal affairs of the deceased.

Generally, an executor assembles the estates assets, pays the estate's debts and then divides the remaining assets to beneficiaries appointed in the will.

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Topics: Wills & Estates Law, Family Law

How are child table support payments determined in Ontario?

Oct 25, 2016

 

Child support laws in Ontario are guided by the principle that children should benefit from the incomes and financial resources of both parents. In Ontario you can have your child table support arrangements determined in a family court; you can set up child support through the Province’s online child support service; or you can work out your own written child support agreement with your former partner following a separation.

If you cannot enter into arrangements outside of court, a judge will determine child table support payments based on the Federal Child Support Guidelines under the Divorce Act or the Provincial Child Support Guidelines under the Family Law Act.  Common law couples must use the Provincial legislation.

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Topics: Family Law

What you need to know about property equalization when you separate

Sep 13, 2016

In Ontario, the equalization of a couple’s assets following a separation is determined by reference to the Family Law Act. Under the Act, the value of all property owned on separation date subject to certain adjustments is calculated for both spouses to determine the net family property of each.  The spouse whose net family property is the lesser of the two is entitled to one half the difference between them.

As a result of the Family Law Act provisions, it does not matter that one spouse acquired more assets or is “wealthier” than the other on marriage breakdown.  The law considers that each spouse contributed equally to the relationship whether financially or otherwise (to child care and household management).

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Topics: Family Law

Why you shouldn't represent yourself in a Family Court proceeding

Aug 4, 2016

Separation is a difficult process for both parties, especially if children are involved. When you have decided to end your relationship, you should try to work out the terms of a separation agreement.  Sometimes this is not possible and you may need to go to court to resolve your issues with your spouse.

Although you can file a court application on your own, it is in your best interests to consult with a lawyer before doing so. A lawyer who specializes in Family Law will provide you with legal advice so that you will understand the issues involved in your case and how separation will affect your rights and obligations with your spouse.

A Family Law lawyer can pursue what you are legally entitled to through the negotiation of separation agreement or by representation in a court proceeding.

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Topics: Family Law

What to expect from your first meeting with a Family Law Lawyer

Jun 30, 2016

In your initial meeting with a Family Law lawyer, the goal will be to understand your specific circumstances and your legal needs. During this meeting, you and the lawyer will address a number of topics including how the process of a Family Law case works, issues related to your minor children, potential support arrangements, asset and liability resolutions, and the possible fees and costs.

In order for the lawyer to address all of these matters, you will need to come prepared. Being prepared for your first meeting will enable the lawyer provide you with comprehensive information and to advise you about what to do next.  Click here to learn how to prepare for your first meeting with a family lawyer.

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Topics: Family Law

How to prepare to meet with a St. Catharines Family Law lawyer

May 31, 2016

The process of separation is emotionally charged and often feels overwhelming for families. In the course of negotiating a separation agreement, you may need to deal with a number of legal issues including parenting arrangements, spousal and child support claims, insurance provisions and property division.

Once you have chosen the lawyer you will work with, how do you prepare for your first meeting with your St. Catharines family law lawyer? What should you bring to your appointment, what information should you be prepared to provide and what questions should you ask?

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Topics: Family Law