Family Law

The breakdown of relationships between family members, whether they be married, common-law or same sex partners, are some of the most challenging because they can impact on many aspects of life including: custody of children, child/spousal support, division of matrimonial property, estate planning, bankruptcy, corporate and shareholder structuring and income taxes, to name just a few. Our experienced family law group understands the emotionally charged atmosphere of family law issues and we can answer your questions and guide you through the troubling times of a family split up. We will work with you prior to separation to provide you with family law advice to achieve a separation with minimum emotional upset and maximum strategic advantage. Our lawyers are dedicated to achieving the objectives of their clients expeditiously through "out of court" negotiated settlements whether through lawyer to lawyer negotiation, mediation or arbitration. If a negotiated settlement is not possible or will not achieve the best possible outcome for you, we offer highly experienced, specialized family law representation at all levels of court.

Marriage Contracts and Cohabitation Agreements

Whether you are considering marrying for the first time or taking a second trip down the aisle, or whether you are considering cohabitation in an opposite sex or same sex relationship, our family law specialists can provide the advice and planning that you need. It is always a sensitive subject to be embarking on a new relationship while at the same time considering the many implications of the relationship breakdown. However, there is no doubt that an ounce of prevention can prevent a pound of grief. Before your legal rights are compromised, you should speak to a member of our family law group to find out how you can contract out of the equal sharing of property regime to keep your home, company, investments or personal property owned on the date of marriage. Or, if you are considering cohabitation you need to understand the different treatment under the law of married and unmarried people.

Pre-Separation Advice

Prior to separation you need to know your legal rights and obligations under family law. The decisions you make concerning a separation will have significant impact on issues such as possession or sale of your matrimonial home, custody of your children, child support, spousal support and how your property and assets will be divided. These are only some of the areas that you must consider prior to separation since they will impact on the strategy of out-of-court settlement negotiations or the way in which your matter is litigated in court. Our highly experienced family law lawyers can help you with these critical decisions.

Post-Separation

Once a separation has occurred, we can offer you expert family law advice and direction in assisting you to reach the best possible resolution of your family law issues. Our out-of-court negotiated settlements incorporate a multi-disciplinary approach, working with family counsellors and psychologists in the emotionally laden issues of custody and access and with tax experts, accountants, trustees in bankruptcy, pension valuators, appraisers and estate planners on the complex issues of spousal support, and matrimonial property division including corporate reorganizations, share division, RRSP rollovers, pension valuations, estate freezes, family trusts and bankruptcy. We have the knowledge and experience to guide you through settlement negotiations to achieve the best possible outcome whether through lawyer negotiations, mediation or arbitration.

In Court

Sometimes in spite of our best efforts and multiple resources, a negotiated settlement cannot be achieved or will not result in the best possible outcome for you. Sometimes the other side is simply intransigent. Our family law group can navigate you through the often turbulent family court system. Here, our experience in advocacy shines through. We have court room experience in all levels of court from the Ontario Court of Justice even, through the Superior Court of Justice and to Court of Appeal and Supreme Court of Canada.

Post Resolution

After negotiated settlement or court decision circumstances often change. Children want to live with a different parent, children attend college or university, parents move to another province, ex-spouses remarry or cohabit, incomes increase or decrease or a former spouse may retire. Any of these happenings may trigger a reconsideration of the original agreement or court order. Here again, we can help in providing you with the best possible advice about your legal rights and responsibilities. Once again we can negotiate on your behalf or go to court for you to achieve the best result.

Were You Aware That?

• remarriage of an ex-spouse doesn't always terminate your spousal support obligation
• you can contract out of the equal sharing of property regime under the Family Law Act and keep your property, including a home that you own on the date of marriage
• common-law spouses are not automatically entitled to a share or interest in the other's property
• you can be required to pay child support for your spouse's or partner's child even though you are not a biological parent of the child
• your ex-spouse may be able to come back years later claiming spousal support
• spousal support payments are still taxable as income in the hands of the recipient and tax deductible to the payor. Child support is neither taxable nor deductible
• your sexual orientation is not likely to be a relevant consideration in determining the custody of your children
• property that is gifted or inherited from a third party during your marriage does not have to be shared upon separation