Limited-scope RetainerThis is a specific retainer where the client only pays for services on an as-needed basis. An example is the client only retains to assist behind-the-scenes, to drafting documents, to communicating to the other side. The client decides and determines at each step if more or less services are required.
A separation agreement is a contract between the parties that resolves issues arising from the separation. An Agreement can resolve issues on an interim or final basis. It can resolve all of the issues or resolve individual issues such as parenting, support and property division.
Divorce terminates the marriage and permits the parties to re-marry. The divorce process can resolve the issues arising from the separation but is usual a separate outcome of itself. If parties have a Separation Agreement, divorce often proceeds through a paper process called on an “uncontested” basis meaning that neither party objects to the divorce.
Parenting is usually the most difficult issue to resolve. Taking an objective perspective about what is best for the child(ren) is challenging and therefore legal assistance is often helpful.
Child Support is mandated and legislated by the law. Child support is determined by the number of children, the parents’ incomes, and where the child(ren) live. The two usual outcomes for child support based on where the child(ren) live are:
This is a complex issue dependent first upon whether there is entitlement to spousal support arising from the marriage or common law relationship. If there is entitlement, then the next question is how much and for how long using the Spousal Support Advisory Guidelines as a guide.
For married couples in Ontario, property division is a right called equalization. For common law couples, there is no right but rather a claim for property division often referred to as a joint family venture or trust claim.
Unfortunately, no definition is required as parties are fully aware if their family law matter is high conflict or not. Conflict is highly detrimental to parties as it causes stress, anxiety, frustration, anger, etc.
Family Court is usually a difficult, lengthy and expensive process, but it may be the only option available for a reasonable outcome. Ottawa West Family Law assists with litigation using integrity, knowledge, experience and skill. Although parties are able to be self-represented, it is difficult for a self-represented party to know:
A prenuptial agreement or a cohabitation agreement is a contract between two parties that are cohabiting or intend to cohabitate, but are not married, and the parties wish to agree on their respective rights and obligations during the relationship, separation and/or death. Parties often consider this option when one or both parties wishes to protect their property or future income upon separation and/or death. This is often the case for second relationships or parties with child(ren) from a prior relationship(s).