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February 2018 Archives

Divorce in Ontario can be non-adversarial

Ontario couples who have decided to end their marriages can choose a path of acrimony or a path of cooperation. There are those who pursue a litigated divorce because they believe that they can fight a battle in court and come out as the winner. The truth is that there are only losers in any divorce, and when acrimony rules it, the children may be the biggest losers.

What is the purpose of cohabitation agreements?

Couples in Ontario who are planning to marry can sign prenuptial agreements that will allow them to predetermine the roles of each party in the marriage and how assets and debts will be divided in the event of a divorce. Because unmarried spouses are unprotected when it comes to property division, they may want to exercise their rights to sign cohabitation agreements. With such a contract in place at the beginning of a cohabitation relationship, a couple can focus on life and love rather than what would happen if they should split.

Even with full child custody other parent must authorize travel

Sometimes, a person who has gone through a divorce in Ontario wants to get away from it all and relocate to another province or country. However, this could be a complicated process if that person wants to take a child along -- even if he or she has sole child custody. There are particular steps to follow before a child may travel across borders.

Spousal support is not guaranteed after a divorce

When a marriage ends in Ontario, there may be questions about spousal support. Although alimony is available, it is not a guaranteed payment or income after a divorce. Every case is handled individually, and if couples cannot come to mutual agreements about spousal support, they may ask the court to determine whether it must be paid, and what the amount will be.

Family law: Valid reasons for modification of child support

As life progresses after a separation or divorce, Ontario parents who are responsible for paying child support may find it necessary to end or change that obligation. Under family law, changes to court-ordered child support are allowed. Although an income change is not typically regarded as legal grounds for such an adjustment, several other reasons may justify a motion for child support modification.

Cohabitation agreements are essential to protect assets

Common-law relationships are governed by provincial laws that differ from province to province. However, Ontario couples in such relationships may not realize that without legal documents to prove a marriage and an actual ceremony, each party in the relationship has almost no rights in the event of a breakup. The only way they have to protect their interests is by signing cohabitation agreements.

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