Family Law

Custody and Access

Have a child or maybe a few children? What kind of arrangement must you make to care for them is a huge decision. Joint decision making especially where important decisions are concerned e.g. education, religious upbringing is usually preferred and definitely in the best interests of the children. But sometimes things are not so amicable and sole custody is a better option. The party that does not have custody has visitation rights. Whatever type of access arrangement must take into consideration the best interests principle.

Child Support

Usually custody arrangements overlap with support. The person who does not have custody will pay support to the parent with custody for the upbringing of the child. Support is the right of the Child enforceable through the parent. Regular support is based on the income of the paying parent. Extraordinary expenses are shared by both parents in proportion to their income. Find out how much support you’ll have to pay here

Property Division

This aspect of the law is specific to married couples. Common Law partners by the strict letter of the law don’t have rights to division of property however there may be other mechanisms applicable to them to derive a benefit.

Things can get complex depending on the number of assets to divide, with one exception – matrimonial home which is divided equally between the spouses whether or not you are on title. The increase in value must be shared equally unless an exception applies.

Whenever there is separation and divorce involved please act fast you only have 6 years upon separation and 2 years upon divorce to make an equalization claim.

Spousal Support

Unlike Child support, spousal support is not automatic.