Resources - Family Law

At Home Counsel Legal Services (HCLS), we recognize the financial challenges that come with ending a relationship. Spousal support is not automatically granted but may be available depending on various factors. For instance, if you've made sacrifices in your own career or education to support your partner or raise children, you might be eligible for spousal support.

Property division is a complex yet crucial aspect of divorce or separation. Ontario's Family Law Act, section 5, outlines how assets and debts acquired during the marriage should be divided. Each partner must calculate their Net Family Property by determining the difference between their net worth at the time of marriage and at the time of separation. The spouse with the larger Net Family Property is generally required to make an equalization payment to the other.

When it comes to the matrimonial home, the waters can get murky. Both parties have equal possessory rights to any home that one or both owned at the time of separation, provided it served as the family residence during the marriage. The valuation of the matrimonial home is crucial when calculating each spouse's Net Family Property, and things can get especially complicated if there is more than one such property or if the property is part of a working farm or business.

Custody and parenting issues are not exclusive to divorce situations. At Home Counsel Legal Services (HCLS), we understand that circumstances change and there may be a need to modify existing custody arrangements. If you're looking to petition the court for changes, our legal team can guide you through the process.

Parenting time generally takes one of two forms: sole or joint custody. It is commonly believed that joint custody, where both parents share equal time and decision-making responsibilities for their children, is in the best interests of the child. However, sole custody, which grants only one parent both full-time residency and decision-making authority, might be more suitable in certain circumstances.

Are you contemplating marriage or already married and considering how to secure your financial future? HCLS can assist you with drafting prenuptial or postnuptial agreements. Such marital contracts can offer peace of mind by setting forth clear financial expectations, but it's crucial to note that they cannot include stipulations regarding child support.

These marital agreements can address spousal support and property division, helping you manage uncertainty and pave the way for a more secure future. Our family law professionals are here to guide you through the intricacies of marital contracts, ensuring they're fair, thorough, and legally sound.

At Home Counsel Legal Services, we understand that divorce isn't the only route for couples who decide to live apart. A separation agreement serves as an alternative, allowing you to make similar legal arrangements to a divorce while remaining legally married. To ensure the separation agreement is enforceable, it must be written, signed by both parties, and witnessed. Full disclosure of assets and debts between the parties is mandatory before finalization.

While separation agreements are legally binding, courts may set them aside under certain circumstances, such as if one party withheld crucial information or exerted undue pressure on the other. Therefore, consulting with our family law team can help you avoid potential legal pitfalls during this complex process.

In family law proceedings, the process of financial disclosure involves both parties sharing details about their income, assets, and liabilities. This exchange is crucial during separation to resolve matters concerning support payments and the division of net family assets. Typically, this includes revealing the value of all assets and debts at the time of marriage and at separation, along with income details for the three years leading up to the separation.

When drafting a Cohabitation Agreement or Marriage Contract, financial disclosure becomes essential as it ensures that a spouse is fully informed about the rights or entitlements they might be waiving, particularly in terms of support or property division.

Mandated by family law statutes, providing accurate financial information is a legal requirement. Inadequate or incorrect financial disclosure can lead to the nullification of a domestic contract. 

In legal proceedings, a party might be obligated to cover the legal expenses of the other if the Court issues a favourable ruling on their behalf. Typically, the awarded costs do not cover the entirety of the incurred expenses. However, if the case is resolved outside of court, whether one party will cover the other's legal fees depends on the terms negotiated and offers exchanged between the two parties.

When drafting a Cohabitation Agreement or Marriage Contract, financial disclosure becomes essential as it ensures that a party is fully informed about the rights or entitlements they might be waiving, particularly in terms of support or property division.

Couples may be deemed separated even while living under the same roof. The separation date is recognized as the point at which the couple's intimate relationship ceased, without any likelihood of reconciliation. Identifying an exact date of separation can be challenging; therefore, courts evaluate various indicators, such as:

• Whether the parties shared a bedroom
• Engaged in sexual relations
• Cooked and had meals together
• Attended social functions as a couple
• Divided household tasks
• Coordinated and discussed each other’s schedules

You are required to wait for one year from the date you and your spouse decided to separate before petitioning the court for a divorce. The separation date is acknowledged as the moment both parties recognized the relationship was irreparably broken, with no possibility of reconciliation. This acknowledgment could manifest through one spouse expressing a desire to separate or by one party moving out of the shared residence.

No, it is not permitted. A separation agreement or marriage contract covers numerous matters that will affect you and your spouse in different ways. It is essential for each of you to have individual legal representation. This ensures that your respective lawyers can provide tailored advice on these matters, explain their implications for each of you, and outline your potential courses of action moving forward.