Creighton Law LLP
Call Us Today For Personalized Service 1-800-216-4970

Oshawa Family Law Blog

Wise Moves To Take After Deciding On Divorce

Chances are the signs that something is very amiss in a marriage have been lingering for months, if not years. It could be that a couple has done everything to try to mend the relationship until finally one or both partners mentions divorce. There are a few things Ontario couples should do after making a final decision that their marriages aren't worth continuing the fight.

 

Making a vow to understand the merits of marriage agreements

It seems that there are different seasons for different family law processes. In terms of marriage agreements, May seems to be a busy time for prenuptial agreements most likely because June and July are the hottest marriage months in Ontario. December sees the courts inundated with Christmas access motions that will decide with whom the kids will spend the holidays. There are some things a couple might want to consider before vowing to write a marriage contract that is agreeable to both individuals, no matter what the month.

Marriage (or cohabitation for common law couples) agreements are documents that spell out scenarios that may be different from what the law indicates should happen if the couple divorces or separates or if one partner dies. These contracts can be tailored to meet the individual needs of each couple. For instance, they can spell out how assets and debts would be divided upon divorce or separation. This is extremely important for common law couples since many of the same laws that govern legally married couples don't apply to those living common law.

Ontario family law: How separation affects financial obligations

When a couple separates, there are still financial obligations to be met. Under family law in Ontario, even if a couple is separated but not divorced, assets have to be considered. Federal rules govern issues surrounding support while property issues come under the provincial umbrella. Income that stems from a business is also up for consideration when figuring the division of assets.

Both spouses are on the hook to meet any financial obligations incurred as a married couple, unless a separation agreement stipulates otherwise. Such an agreement can speak to things like who pays which bills and who keeps which assets. Having a clear outline of these obligations ensures that each individual understands his or her part in transitioning to living separate lives, yet still remaining married.

Marriage agreements: Prenups helpful for those remarrying

Prenuptial agreements can be a good idea for those marrying for the second or even more times. When it comes to marriage agreements in Ontario, a prenuptial agreement may work well for those who have amassed their own assets and who are going into second or third marriages. These contracts give financial transparency to the union and clarify what's what and may be especially important if there is blended family involved.

Communication is key to any good relationship and talking about finances and what each individual would like to have happen in the future, so a prenuptial agreement will just formalize those communications. A prenuptial agreement can be fashioned to meet a couple's individual needs and doesn't have to be all or nothing. There is no place for resentment in a positive prenuptial agreement.

Divorce in Ontario: What's in a name?

Many newly-married women still opt to take their husband's surnames after tying the knot. But what happens when everything goes sideways, the marriage ends in divorce and the guy's former wife wants to keep his name? What happens in Ontario when that's not what the man wants? A man can negotiate the desire as part of the divorce settlement.

Some women, especially those who have been married for years, may be known by their married names. Perhaps everyone knows her by her married name. Perhaps some women just don't want to go through the legalities of changing their surnames back to their maiden names. But if it makes her former husband uncomfortable, it may make things easier overall for the divorce process if she changes it back.

Divorce really doesn't come as a surprise to most people

Most couples that split up, make the decision to do so together. But there are times when one spouse drops a bomb and asks the other for a divorce completely blindsiding the person. When things get to that level with Ontario couples there are usually signs that something needs to change or the marriage will end. Experts say, however, that people are never really all that surprised that their spouse has asked for a divorce.

The real reason a spouse can appear to be caught off guard by a partner's honest request for a divorce is not because it's all that surprising to them but because actually hearing it can be somewhat shocking.It takes time for some people to process. Life-changing news takes longer for some people to wrap their heads around. Some of these partners simply became indifferent to the status of their own marriages.

Figuring out housing in separation and divorce

When a couple agrees to end their marriage, housing is often among the most contentious issues. After all, both parties need a place to live during, and after, the property distribution of the marital home is established. Here are a few options and tips for Ontario individuals seeking a roof over their heads following separation and divorce.

There are many things to consider when looking for a new place to live. For parents, the most major considerations have to do with children. Is the home suitable for the children to stay? Is it in their school district? The new living situation can have a major impact on child custody issues, so it is good to keep this in the forefront if relocating is necessary.

Shared or sole child custody: which is best for development?

When parents are no longer cohabiting, people may assume that one or the other will take over primary custody of the children. But is this really the best scenario for most families in Ontario? Research seems to suggest that shared parenting and child custody is the best option, although historically some people have assumed the opposite to be true.

One expert in the field has identified three "waves" of thinking that contributed to a current trend toward sole child custody. The first was the idea that children would become confused and unhappy in the care of two different households. This belief asserted that children have a primary attachment with one parent, which should not be broken in favour of shared custody, and that two different parenting styles would confuse the children.

Dos and don'ts for dating after a divorce

Dating during, or after going through the divorce, can be a sensitive topic. Not only can it bring emotional challenges, but in some cases the presence of new partners can muddy legal waters when it comes to issues such as child custody in Ontario. Here are some tips for dating in a way that protects personal, financial and legal interests after a divorce.

One of the most common concerns about dating after divorce is the fear of doing something that feels very "new." After all, for many long-married people it has been a long time since a date with a new person occurred. Some popular tips for inexperienced daters are to ask a lot of questions on a date and to not talk much if at all about the divorce and ex. This will help people to get to know their date better and make a good first impression.

Are certain careers correlated with higher divorce rates?

When a couple divorces, many issues may be blamed including finances, intimacy and work-life balance. But are there certain jobs that could make it more likely for marriages to end in divorce? Ontario couples and divorcees alike may find a new study on the topic interesting, as it suggests that those who work with more members of the opposite sex may be more likely to find themselves in a marital bind.

While the Danish study did not find that particular career choices contributed to divorce per se, it did find that co-workers could play a role. The study, which involved data from between 1981 and 2002, was conducted in a country with a fairly even gender split in the workplace. Interestingly, the ratio of opposite sex co-workers was identified as a risk factor in heterosexual marriages.

Creighton Law LLP

235 King St. E.
Oshawa, ON L1H 1C5

Toll Free: 800-216-4970
Fax: 905-432-2323
Map & Directions

Google Map