Counselors and therapists can play a crucial role in relationship crises, offering help and relief to partners navigating difficulties in their relationship. While they excel in improving mutual respect, communication, and problem-solving, their influence can extend beyond that. Providing essential emotional support alongside your family lawyer helps parties, including children, to cope with separation and facilitate more effective communication during the legal process to proactively work towards resolution. Understanding the impact upon children and how aspects of family law can shape post-separation parenting plans is critical for counselors, therapists, and us, as your family lawyers, as we guide you through these challenging transitions.

An essential legal requirement of separation and divorce in Ontario involves the disclosure of financial information by both parties. This includes incomes, assets, and debts, which are critical for fair and informed decisions regarding the division of any shared property, determining support obligations, and making parenting time arrangements (formerly custody and access).

Following the development of your legal position, our lawyers will offer the other side the opportunity to reach an agreement that is fair and equitable, seeking negotiation to avoid the cost of litigation wherever possible. We take a resolution-oriented approach to all matters to minimise the adversarial nature and high cost of family law disputes, which can be particularly beneficial to reducing the emotional burden of this process when issues involving children arise.

If both parties can agree on the major issues applicable such as decision-making and parenting time (formerly custody and access), spousal and child support, and property division, a separation agreement can be drafted. This legal document outlines the terms agreed upon by both parties and acts as a binding contract governing the conditions of the separation. To reach the gold standard for a solid separation agreement that will be as binding as possible, it should be in writing, signed, witnessed, the parties should each obtain independent legal advice, and the exchange of financial disclosure should be sworn under oath. A separation agreement holds significant value to you as it provides:

• control over the outcome of your matter;
• privacy and confidentiality from the public record of court proceedings;
• clarity and certainty in your matter and future considerations;
• enforceability of obligations and terms, with the support of various legal channels should one party fail to comply;
• cost-effective resolution when compared to the expense and delay often resulting from court proceedings; and
• peace of mind and reduced emotional burden as our lawyers work to reduce conflict and support you throughout the process.

Our lawyers take these considerations very seriously and take every measure to ensure your separation agreement is drafted as clearly and comprehensively as possible to prevent future disputes.

In cases where agreement cannot be reached, you may find yourself involved in litigation if common-law or married (the latter sometimes called a “contested divorce”). This means there are key issues that cannot be agreed upon by the parties, such as claims for child support or spousal support, division of family property, decision-making and parenting time (formerly custody and access). If your matter is contested it may require motions resulting in interim orders, various court conferences, and trial. Each of these stages involves different strategic decisions and legal preparations, including the exchange of pleadings, service of documents, and, potentially, court appearances. Each party will present their case, and a judge will make decisions based on the evidence presented. While we make every effort to keep your matter out of court, sometimes court is unavoidable, and sometimes advisable. We recognise and remain mindful that these situations can be most emotionally and financially exhausting, and so we will represent you at each step, from preliminary motions to final hearings, and trial should that in the rare occasion be necessary, ensuring throughout your voice is heard, your rights protected, and the matter is resolved in as timely a manner as possible.

To legally end a marriage, an application for divorce must be filed with the court. This application outlines the grounds for the divorce and any associated claims, such as decision-making, parenting time, support obligations, and/or property division. Even if you come to us at this stage in the process, our family lawyers can efficiently manage this process on your behalf, ensuring that all legal requirements are met, and that the documentation is prepared accurately.