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Oshawa Family Law Blog

How to co-parent with shared child custody

Divorce isn't easy for anyone, but those with children have even more issues to worry about. Most Ontario parents working through shared child custody will need to learn how to co-parent effectively. While this can be difficult at first, good habits and a child-centered attitude can help these arrangements to work.

Parents should always keep the children's best interests at top of mind and keep them out of divorce-related conflict. One of the best things to do is establish a co-parenting plan. This plan goes beyond issues of child custody to establish shared ruled and boundaries and communication methods so the child can have a stable and predictable upbringing despite the two households.

When does property cease being "marital" in a divorce?

Marital property typically refers to assets obtained during the course of a marriage. But with many Ontario divorces taking several years, including a long period of separation, many wonder when assets obtained by either party cease being marital property. Since support is governed by federal rules while property is governed by provincial legislation, the answer to this question can vary depending on what divorce issue is being negotiated.

In terms of support, both spouses must meet the financial requirements of marriage until a legal separation agreement is in place with clear support requirements. The signing of this agreement will be the first time there is a clear-cut understanding of the financial obligations between both parties. If an agreement cannot be reached, a court document may be drafted to outline terms and conditions.

Splitting Canada Pension Plan Credits: What You Should Know

When a marriage ends, part of the process requires that couples divide their property. In Ontario, the contributions of both spouses throughout the duration of the relationship are recognized and typically shared equally. In some instances, there may be exceptions such as excluded property or one spouse could owe the other equalization payments.

 

Social media restrictions are now in some marriage agreements

When people negotiate a prenuptial agreement, finances and property are usually the primary issues at play. Ontario couples may cover other items in their marriage agreements, such as child custody, that do not directly relate to money. Most recently, another clause has been added to these legal documents: social media restrictions.

In many relationships, one party may be a more avid social media user while the other prefers privacy. For these couples, clarifying what personal moments and information can and cannot be shared on these channels may be a good consideration when drafting a prenup. For example, people may ask that their spouse only share photos with their permission or that they not post about shared children.

Divorce Act changes: are they in the ‘best interest of the child?’

Proposed changes to federal divorce law may better protect children caught up in divorce. Among other items, the bill aims to replace terms typical of contentious divorce, such as ‘custody’ and ‘access’ with ones aimed at more effectively identifying children’s best interests and reducing conflict between couples.

This week, we look at the proposed changes and how they could affect divorcing couples with children.

Parental Alienation In Custody Disputes

Some separated or divorced parents fight custody battles by manipulating their children to the extent that the child turns completely on the other parent. This is called parental alienation. One parent wants sole custody of a child, and vilifies the other parent so much that the child sees that parent negatively and doesn’t want to be with that parent. Our post this week looks at this troubling occurrence in divorce and separation cases.

What is a Cohabitation Agreement?

A cohabitation agreement is a document created by two people in a domestic relationship who are living together. The agreement outlines how they would divide their shared assets in the event they decide to separate in the future.

A cohabitation agreement can be beneficial to non-married couples, as they do not carry the same rights as married couples who decide to divorce.

Unpredictable Incomes Can Be Problematic In High Asset Divorces

There are a range of factors that come into play when determining child and spousal support payments including the paying spouse or parent’s annual income before tax. In instances where income has the potential to vary significantly, this can pose a problem when it comes to deciding on a final amount.

 

What You Should Know About Marriage Contracts

A marriage contact, also knowns as a prenuptial agreement, or prenup, is a document that allows you to settle certain issues before a separation or divorce. It’s usually best to create this type of document at the beginning of a relationship as both parties are generally in a more positive and reasonable state of mind than during a separation.

How can a marriage contract benefit you?

Study shows shifting gender roles can affect divorce risk

There are many reasons people end their marriages. The question many engaged couples or newlyweds ask is whether they can tell if their relationship is at risk for divorce. While it is impossible to conclude with certainty whether a marriage is destined to end, there are a few warning signs Ontario couples can consider based on recent studies.

According to a Swedish study which was recently published, gender roles can play a role in a marriage's risk factor. The study showed that couples who adhered to traditional roles earlier on in the relationship were more likely to divorce later on. As dynamics in the household change due to children or a woman's career progression, attitudes and expectations often did not shift causing tension.

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