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Mann Law can provide you with thoughtful, conclusive legal advice regarding sometimes complex matters pertaining to Family Law. We provide personalized service to those preparing for marriage, individuals in the midst of separation or divorce and those dealing with complex matrimonial matters including, but not limited to, property division, spousal support, child custody and access.
Our Lawyers will ensure that you know your family law rights and obligations in Ontario, and take whatever action is necessary to protect them. Let Mann Law give you peace of mind by helping you through this time in your life with stress-free, tailored service.
If the relationship between you and your spouse/partner ends and you find that you do not have the financial means to support yourself then you may be entitled to spousal support for either a definite or indefinite period of time depending on your situation.
Generally, it seems as though the spouse/partner who finds himself or herself in a better position financially will be required to pay support to the other. This will allow the spouse who is in need of support:
You should be aware of the fact that child support has priority over spousal support. This may result in the inability of the paying spouse/partner to fulfill his or her obligation to the recipient spouse/partner if child support exhausts his or her income.
Your entitlement to spousal support is premised on the obligation that spouses/partners have to support themselves, and each other, provided they have the means to do so.
Once you and your former spouse/partner have made the decision to separate or divorce, there are a number of issues for the two of you to consider and resolve. If you have children, you will need to make some tough decisions about your kids’ custody and care. These decisions will have to be made whether you were legally married or just living together as a common law couple. As separated or divorced parents, you will either be awarded custody of your children or given access to your children.
The main difference between custody and access is that as the custodial parent you usually have the power to make important decisions about the care and upbringing of your child with regards to:
On the other hand, if you are only granted access rights, as the non-custodial parent you have the right to:
The intricacies of these matters are often difficult to understand; consulting a lawyer can often simplify and speed up the process.
Traditional marriages in Canada may be performed by religious officials, marriage commissioners, judges, justices of the peace or clerks of the court. In contrast with married couples, common law relationships are formed on the basis of three or more years of cohabitation, or a relationship of permanence.
Married spouses and common law couples have different rights when it comes to separation, property, the matrimonial home, estates, spousal support, child custody and access etc. Obtaining legal advice is pertinent in either case, as individuals need to be aware of their rights and obligations.
Obtaining a divorce is not a mandatory requirement for couples who wish to end their relationship as they may simply choose to separate and enter into a separation agreement. It is only necessary if one of the individuals would like to re-marry at which point he or she must get a formal divorce judgment and a final certificate verifying it from the court.
Divorce is not the only option available to you and your spouse when you decide to end your marriage or relationship. The both of you may also choose to solely separate and not divorce. You may choose to divide your assets and decide on custody/access and support issues in an informal agreement or through the services of a lawyer, mediator or arbitrator who will aide in the drafting of a more formal and final separation agreement.
For couples that have never entered into a legally valid marriage there is no formal process that must be followed upon termination of the relationship. All that is essentially required is that you separate. If your relationship was of a relatively short duration then you can simply move out and take any belongings that you owned or acquired during the relationship with you. If on the other hand, the relationship was of a longer duration during which time you purchased numerous assets together (i.e. houses, cars, etc.) and had children, then you may want to seek the services of a lawyer, mediator or arbitrator to help you draft a separation agreement dealing with all the corollary issues relating to separation.