Independent Legal Advice in Ontario: Essential for Domestic Contracts

“Custody” refers to parental decision-making in relation to children in four major areas: health, religion, education, and major recreational activities. Custody can take several forms: Sole custody, where one parent is responsible for all decision-making; Joint custody, where parents make decisions jointly or through parallel parenting, wherein one parent is responsible for some decisions (e.g. […]

The importance of full and frank financial disclosure cannot be understated: it is the cornerstone of ​financial issues in family law. Parties are required to provide all financial disclosure openly and honestly during negotiations, mediation, arbitration, or litigation. Courts do not look kindly upon people who hide, deplete, or fail to disclose assets in order […]

For many, having a court order in hand finalizes the underlying issues of a family law matter. Unfortunately, in some circumstances court orders are disobeyed or disregarded. Custody and access orders that are not being followed could give rise to the offender being held in contempt. A contempt finding may result in fines or imprisonment. […]

This applies only to married parties. In Ontario, marriage is treated like a business partnership. When the marriage ends, the assets accumulated during that partnership are subject to a process called “equalization.” Equalization attempts to ensure the assets are reviewed so that each party leaves the marriage on equal financial footing. Generally speaking and following the exchange of full and frank financial disclosure, both parties calculate and compare the growth in their respective net worth from the date of marriage to the date of separation. The individual with a higher net worth must give to their estranged spouse one half of the difference so that the parties are in an equal financial position ​in the context of the relationship.

Under some circumstances, grandparents can apply to a court for custody, access, and/or child support for a child (in cases such as if a parent dies, is unavailable, is an incredibly poor caregiver, or if the grandparents previously cared for the child and their access was cut off). It is most common for a court […]

Complex income streams and assets comprised of partly or wholly owned corporations, employee stock options, offshore holdings, securities, trusts, pensions and so forth, can add a layer of complexity to a family law matter. Understanding how to deal with these assets and incomes in a family law context can be difficult, particularly considering the financial […]

When you’re ready to sign a domestic contract, like a separation or cohabitation agreement, you might feel worn out from negotiations and disclosures. However, rushing to sign can lead to issues. After investing time and effort, it’s crucial to aim for the best standard in domestic contracts. Independent legal advice is key to achieving this. […]

Although common law spouses do not share property in the same way as married spouses, it may still be possible for a common law spouse who accumulated less wealth to make a claim against a common law spouse who accumulated greater wealth over the course of the relationship. Stephen Durbin and Associates can help clarify […]

Child support are the periodic payments made by separated parents to the other parent, for the day-to-day expenses associated with raising children. The Federal Child Support Guidelines require monthly child support payments from any parent whose children spend more than 60% of their time with the other parent. In matters where the children spend roughly […]

Marital Fraud: If your spouse deceived you as to his or her identity or marital status (i.e., that he/she was actually married) when he/she married you, you may have grounds to dissolve your marriage and seek an annulment as opposed to a divorce. An annulment and a divorce are two distinct legal concepts. An annulment […]

A mobility issue arises where one parent wishes to move to a distant, new residence with the children. This is among the most complex issues in family law, given that relocation will inevitably affect the non-relocating parent’s access rights. In determining whether to allow a parent to relocate, a multi-factor analysis is applied to many […]

The dissolution of a marriage or common law relationship between same-sex parties is treated identically to that of an opposite-sex couple. Under s.2 (1) of the Divorce Act, the definition of spouse is “either of two persons who are married to each other,” but “spouse” can have other meanings in family law. The definition of […]

Following separation, one party of a married or common law couple may be required to provide financial assistance to the other party by paying spousal support. Depending on the situation, the purpose of spousal support may take different forms, including helping ease the transition of the lower-earning spouse into a life of greater independence; providing […]

It is common in family law for the terms of a separation agreement or a final order to need to be changed at some point. A variation in an order is appropriate where there has been what is known as a “material change” in circumstances (and had that change been known at the time the […]