Separation

12 08, 2016

The Rules of Disengagement

Dealing with family breakdown can be like trying to put Europe back together after WWII. To ensure that getting your order for divorce, property division, parenting arrangements and/or support costs you less than the treaty-making process after a world war, turn to family and friends, counsellors, and spiritual advisers, and most of all turn inward [...]

9 06, 2016

My ex-partner is trying to kick me out of our house.

It is usually not a good idea to leave the matrimonial home until you have met with a lawyer and understand your rights and obligations with respect to staying or going. On the other hand, in situations involving family violence, safety of the parties and other family members absolutely comes first. If you leave for [...]

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

I think my partner will be angry if I see a lawyer.

Section 183(2) of the FLA authorizes the court to make a protection order if family violence is likely to occur (or reoccur). Section 184(1) obliges the court to consider the following risk-factors: (a) any history of family violence by the family member against whom the order is to be made; (b) whether family violence is repetitive or [...]

9 06, 2016

How much interim child and/or spousal support should I pay/receive?

Pursuant to s. 3 of the Federal Child Support Guidelines, the amount of a child support payable (for a child under 19) is the amount set out in the applicable table for the income of the payor. Section 4 of the FCSG provides for the determination of child support when the payor's income exceeds $150,000 per year: (a) [...]

9 06, 2016

Who stays in the house?

Pursuant to s. 90 of the Family Relations Act, the court can order that one spouse may have “exclusive occupation” of the family residence. The test applied by the court is two-fold: (i) first the applicant must prove that shared use of the family residence is “a practical impossibility”; and (ii) second the applicant must [...]

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 [...]