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Family Law

Matrimonial Matters

Family Law Agreements

Separation Agreements

Separation agreements are made on the breakdown of a relationship. A separation agreement is a legally binding contract between the former couple that records a settlement of the legal issues that came up at the end of the relationship. 

A separation agreement can be an inexpensive way for two parties to resolve the legal issues they may face upon the breakdown of the relationship. A separation agreement can save both parties a significant amount in legal fees and time in court. 

The separation agreement makes sense if it is fair and the parties get along well enough to negotiate terms of the agreement. A separation agreement can offer more flexibility than court orders and can be tailored to the needs of the couple. 

The process of entering into a separation agreement is relatively straightforward. The parties will discuss the legal issues they face resulting from their marriage or relationship breakdown and try to reach a mutual resolution. The parties or their lawyer take notes on how each issue should be resolved and that is turned into a more formal written agreement. The written agreement is then signed and dated by both parties. It is recommended that both parties receive independent legal advice prior to entering into a separation agreement. The lawyer will advise on the implications of the agreement, obligations of the parties, overall fairness of the agreement, and options available to the party or parties. 

Requirements

Separation agreements must follow certain basic rules, including these:

  1. The agreement must be in writing;
  2. The agreement must be signed by each party and should be signed in the presence of a witness;
  3. Neither party can be under a legal disability when they sign the agreement. However, children who are parents or spouses may enter into a binding agreement;
  4. The agreement must clearly identify the parties and the nature of their rights and obligations to one another.

Marriage Agreements/Pre-nuptial Agreements

Marriage agreements are usually made by spouses at the beginning of their marriage or in anticipation of marriage (sometimes referred to as prenuptial agreements). 

Marriage agreements are a way for couples to opt-out of provincial and federal family law legislation and define the legal constraints of their relationship. Marriage agreements address the division of property, money and debts, and spousal support owed in the event of divorce. A marriage agreement is an opportunity to set out financial expectations for a marriage. A marriage agreement allows for both parties to protect themselves financially from any unexpected financial consequences of divorce. A marriage agreement is a binding contract on both parties of the marriage. 

It is important to note that it is not mandatory to sign a marriage agreement. Your partner cannot force you to sign a marriage agreement and you have no legal obligation to do so. Prior to signing a marriage agreement, it is beneficial to get independent legal advice on the implications of the marriage agreement. Independent legal advice for both parties will also make it more difficult to change or invalidate the agreement later on. 

Good or Bad idea

A marriage agreement may not make sense if neither party has a substantial amount of property or debts that they are bringing into the relationship. If one or more of the parties is bringing in a substantial amount of property or expects an inheritance then it may be beneficial to get a marriage agreement. If either party has a significant amount of debt or are bringing in a child from a previous relationship then it may also be beneficial to enter into a marriage agreement. 

Requirements

  1. A marriage agreement must be in writing;
  2. The agreement must be signed by each party and should be signed in the presence of a witness;
  3. Neither party should be under a legal disability, like being under the age of majority or not being of sound mind, when signing the agreement. However, children who are parents or spouses may enter into a binding agreement; and
  4. The agreement must clearly identify the parties and the nature of their rights and obligations to one another.

Cohabitation Agreements

Cohabitation agreements are made by parties who live together or are planning on living together. Cohabitation agreements are not legally required but can help clarify a couple’s responsibilities and financial expectations prior to or during cohabitation. Cohabitation agreements will address matters such as the division of property, debt, money and spousal support owed if the relationship were to end.  

A cohabitation agreement is most often used to address matters at the end of the relationship. However, a cohabitation agreement can also address day-to-day responsibilities such as the distribution of housework and household expenses between a couple. 

Marriage Agreements and Cohabitation Agreements

The main difference between marriage agreements and cohabitation agreements is the intention of the couple. Those who enter into a cohabitation agreement are not married and may not have any intentions to get married. An unmarried couple may become common law spouses under the Family Law Act if they were to live together for a period of two years in a marriage-like relationship or the couple has lived together in a marriage-like relationship for a shorter period of time and have a child together.  In a marriage agreement, legal issues are addressed for those who are legally married through a civil ceremony or a marriage commissioner and are considered spouses under the Family Law Act.  The rights of married and common law couples are the same with the exception of married couples having to get a divorce at the end of their relationship.

Is a Cohabitation Agreement right for you?

A cohabitation agreement allows you to decided what will happen with money and property in the unfortunate event that there is a breakdown of the relationship. A couple that is not considered a spouse under the Family Law Act may not be protected under the law in the event of relationship breakdown.  A cohabitation agreement is legally binding and will ensure that both parties interests are protected in the event of a relationship breakdown. A cohabitation agreement can also be used in the event that one party does not live up to the responsibilities they have agreed to.

A cohabitation agreement has the following requirements: 

  1. A cohabitation agreement must be in writing;
  2. The agreement must be signed by each party and should be signed in the presence of a witness; 
  3. Neither party should be under a legal disability, like being under the age of majority or not being of sound mind, when signing the agreement. However, children who are parents or spouses may enter into a binding agreement; and
  4. The agreement must clearly identify the parties and the nature of their rights and obligations to one another.

Collaborative Divorce / Collaborative Family Law

How Collaborative Divorce Works

The collaborative process is a non-adversarial legal process where each party retains a trained Collaborative Family Lawyer for their divorce. Other professionals can also be involved (depending on your case), such as Divorce Coaches (counsellors), Financial Specialists, and Child Specialists. This team approach is more specialized and is often a cost-effective way to deal with separation (rather than just leaving it all to the lawyers and the Court system).

  • No court — Both you and your spouse, and your lawyers sign a participation agreement to work together at resolving your issues without going to court.
  • Honest communication — You and your spouse also agree in writing to open and honest communication, including agreeing to openly share information (such as information about your finances) with one another.
  • Team approach — Trained lawyers, divorce coaches, child specialists and financial advisers are available to help you, as necessary. You, your lawyers, and your coaches will work as a team to solve your disputes, whether the issues relate to support, division of property, or parenting.
  • Four-way meetings — Instead of letting your lawyers do most of the talking, you and your spouse and your lawyers participate in a series of meetings. The number of meetings required will depend on how many issues you and your spouse face and how complex these issues are.

The Collaborative Divorce Process

  • You and your spouse agree to work together with lawyers who practice collaborative family law to find acceptable solutions that work for both of you.
  • Both you and your spouse are represented by your own collaborative family lawyer.
  • Once all of the details of your divorce are resolved/settled, your lawyer will draft a separation agreement which will outline all of the terms of your divorce. The collaborative process ends when the separation agreement is signed and finalized. An agreement reached through the collaborative family law process is a legal contract and is binding.
  • After the separation agreement signed and finalized by both parties, you can apply for a divorce. Divorce is the legal termination of a marriage by an order of the court. You must prove that you have been separated from your spouse for a year, or that your spouse treated you cruelly, or that your spouse had sex with someone else.

Benefits of Collaborative Divorce

  • Collaborative Divorce can be less costly, meaning you will likely pay less money in legal fees, compared to starting a legal action in Court for your divorce.
  • You have some control over your outcome/result, as opposed to going to Court where a judge will decide the outcome.
  • Avoiding the stress, anxiety, and animosity of the litigation process and having to go to Court.
  • Can likely get your case resolved quicker as opposed to going to Court.
  • Allows for you and your spouse the opportunity to come up with your own solutions (you have a say in the process).
  • Best interests of children is a driving factor.
  • Results often benefit both of the parties involved.

Collaborative Family Law Not Meant For Everyone

Collaborative family law may not be appropriate for everyone, especially if there have been issues of family violence or child abuse, or if one spouse won’t participate fairly in the process.

General Divorce Cases

We offer a full range of legal services to assist individuals facing Divorce, Separation, Parenting issues, Child & Spousal Support issues, and all other Matrimonial matters.

We assist clients with all aspects of family law. Our approach to a case depends on the specific circumstances of our client(s). Our goal is to help our clients resolve their family law matters expeditiously, in a cost-effective manner while reducing stress and unnecessary conflict. Our progressive approach ensures a quicker resolution to family law cases. With the use of negotiation and litigation, as well as alternative dispute resolution methods including,

collaboration, mediation, arbitration, and parenting coordination, we will get you the results you deserve in a timely and cost-effective manner.

Our services include:

  • Parenting time and Custody Issues
  • Contact and Access Issues
  • Guardianship Issues
  • Mobility/Relocation of Children
  • Spousal Support Issues
  • Child Support Issues
  • Divorce Proceedings
  • Division/Equalization of Family Property and Debt (Assets and Liabilities)
  • High Net Worth Divorces
  • General Matrimonial Disputes
  • Review/Variation of Existing Court Orders
  • Provision of Independent Legal Advice
  • Mediation
  • Parenting Coordination
  • Arbitration
  • Alternative Dispute Resolution
  • Child Protection Issues
  • Adoption

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