Divorce lawyer

9 06, 2016

My ex-partner is hiding/spending assets.

Section 19(1) of the Federal Child Support Guidelines (FCSG) permits the court to impute income if it appears that income has been diverted and that diversion affects the level of support payable under the FCSG, and/or if the spouse has failed to provide income information when under a legal obligation to do so. In the case Bodine-Shah v. [...]

9 06, 2016

I do not want to share my money/business/property with my spouse/common law partner if we split up.

There are four basic ways you may not have to share your property if you split up with your spouse or common-law spouse. Excluded Property: The Family Law Act, which came into force in March 2013 adopted an “excluded property” model. Separating spouses end up with a “communal pot” of family property to divide, but [...]

9 06, 2016

What documents need to be provided?

Rule 5-1 of the Supreme Court Family Rules provides the framework for financial disclosure. When support is in issue, one or both parties must complete a Form 8 financial statement and provide copies of the required income documents, including (for the past three years): personal income tax returns; personal notices of assessment or reassessment; if the person [...]

9 06, 2016

Do I have to go to court?

There are alternatives to going to court. Negotiation, mediation, arbitration and/or a collaborative law approach can enable the couple to resolve their separation or divorce issues without stepping foot in court. Ultimately you will need to apply to court for a divorce even if you settle all other issues by agreement (“all other issues” means [...]

9 06, 2016

Is family property and debt divided equally?

Either spouse may ask the court to “reapportion” one or more assets into his or her favour, for example, from 50-50% to 75-25%. On such application, the court will consider whether 50-50% would be “significantly unfair” in consideration of the s. 95(2) factors: (a) the length of the relationship; (b) the terms of any agreement; [...]

9 06, 2016

What is family property and debt?

“Family property” is all property that is owned by (or a beneficial interest in it is held by) at least one spouse on the date of separation, unless the property falls within the definition of “excluded property” (set out below). Family property includes property acquired after separation if it is derived from property that is family property. Section 84(2) of the FLA details certain [...]