At ASD Law we are well equipped to handle all of your family law needs. You can rest assured we will handle your matter with care and professionalism. Our goal is to fund you solutions that bring the least amount of disruption to your life.
“Custody” is generally defined as the decision-making power over a child; whereas “access” is a broad term referring to the child’s living arrangements and schedule. Custody can be either sole, joint, split or shared, and gives the custodial parent the legal authority to make important decisions in relation to the child’s medical care, education and religious upbringing.
Access refers to a parent’s right to spend time with the child (usually non-custodial parent), and does not refer to legal decision-making powers. An access parent can also be entitled to receive information about the child’s health, education and overall well-being.
Custody and Access Lawyers in Mississauga, Brampton, Milton, Oakville and Burlington. Contact us now for a free consultation.
If your children reside with the other parent most of the time, you will have to pay child support pursuant to the Child Support Guidelines. The Child Support Guidelines contains a grid or chart for how much child support that you must pay based on the number of children and your gross income. The Child Support Guidelines are different for each Canadian province.
You can use the following link to determine your child support obligation: https://www.justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.aspx.
Child Support Lawyers in Mississauga, Brampton, Milton, Oakville and Burlington. Contact us now for a free consultation.
When a relationship breaks down and two individuals separate or divorce, the higher income earner may have to pay spousal support to the lower income earner. There is no automatic entitlement to spousal support, and the recipient must prove their entitlement.
Here are some examples when someone may be entitled to spousal support:
- The breakdown of your relationship is leaving you in a difficult financial position.
- You have sacrificed your own career aspirations to look after your home and your family.
- You and are former partner have signed a contract that states your former partner will pay you spousal support as a result of the breakdown of the relationship.
The quantum and duration of spousal support will depend on a number of factors, including:
- The length of the relationship.
- If there are children involved, who cared for them?
- Each partner’s income and partner’s age.
- The roles each partner had during the marriage.
Spousal Support Lawyers in Mississauga, Brampton, Milton, Oakville and Burlington. Contact us now for a free consultation.
In Ontario, you will have to make a property payment to your spouse when the net value of your assets is greater than the net value of your spouse’s assets on the date of separation. If the husband has $200,000 in net assets and the wife has $100,000 in net assets on the date of separation, the husband has to pay one-half the difference between the value of his net assets and the value of his wife’s net assets.
The difference is $100,000 in this example so that the husband would have to pay $50,000 to the wife or one-half of $100,000 to equalize the value of net assets between the husband and the wife. Your assets include your bank accounts, RRSPs, stocks, bonds, real estate, and pensions.
You calculate your net assets by determining the value of your assets on your date of separation and deducting the total amount of your liabilities, including your mortgages, lines of credit, monies owing on credit cards, and outstanding tax payments.
You are also allowed to deduct the net value of your assets on the date of marriage from the net value of your assets on the date of separation. In this way, your spouse will not share in the value of your assets that you owned before you entered the marriage.
Property Division Lawyers in Mississauga, Brampton, Milton, Oakville and Burlington. Contact us now for a free consultation.
A separation agreement is a legally binding contract that deals with the legal issues that arise in your separation. The legal issues that arise in your separation are child custody and access, child support, spousal support, and property issues.
When you negotiate your separation agreement, you reach an agreement with your spouse on all these issues. Your agreement with your spouse on these various issues must be reduced to writing in a detailed document or contract and your separation agreement must be properly witnessed to be legally binding.
Separation Agreement Lawyers in Mississauga, Brampton, Milton, Oakville and Burlington. Contact us now for a free consultation.
Prior to their marriage, or even during their marriage, couples can enter into something called a marriage contract. Marriage contracts are oftentimes referred to as prenuptial agreement or pre-nups. A marriage contract is a legally binding contract that deals with the financial repercussions stemming from the breakdown of a marriage. If married parties do not have a marriage contract in place at the time of their separation, they will be bound by Ontario’s Family Law Act.
Marriage Contract Lawyers in Mississauga, Brampton, Milton, Oakville and Burlington. Contact us now for a free consultation.
A cohabitation agreement is a written contract (similar in concept to a marriage contract or prenuptial agreement, or “pre-nup,” for couples who legally marry), which can be made between common-law spouses. Common law spouses do not have an automatic right to property division and/or equalization. Cohabitation agreements help common law spouses establish their rights to property upon separation.
Cohabitation Agreement Lawyers in Mississauga, Brampton, Milton, Oakville and Burlington. Contact us now for a free consultation.
To legally end your marriage and to re-marry, you must obtain a divorce. Divorce can be granted on three grounds, which are listed below:
- You have been separated for over one year.
- Your spouse has committed adultery.
- Your spouse has been physically or mentally abusive.
In Ontario, the most common pleaded ground for divorce is being separated from your spouse for over one year. Prior to the judge signing off on your divorce, they will ensure that if the parties have children, that adequate provisions in relation to custody/access and child support have been agreed to.
Divorce Lawyers in Mississauga, Brampton, Milton, Oakville and Burlington. Contact us now for a free consultation.
