Family Law
Frequently Asked Questions
No. You can, and usually should deal with parenting, support, and property right away. The “one year” rule applies to finalizing a divorce order, not to starting a separation agreement or court process.
Negotiated files often resolve in 2–6 months; mediation or collaborative files may take 3–8 months; court files can take longer depending on urgency, disclosure, and court availability. We’ll map a realistic timeline at your first meeting.
Not necessarily - especially from a matrimonial home. Moving out can affect parenting routines and leverage. Talk to us before you make a move.
By the best interests of the child: safety, stability, the child’s needs, the history of care, and each parent’s ability to support the child’s relationship with the other. We build practical parenting plans with detailed schedules, exchange logistics, and decision-making frameworks.
Ontario now uses decision-making responsibility and parenting time. Sole decision-making may be ordered where cooperation is impossible or safety is a concern. Many families use joint decision-making with tie-breaker clauses.
Ontario’s Child Support Guidelines set table amounts based on the payor’s gross income and parenting schedule (primary, shared, or split). Section 7 expenses (child care, medical/dental not covered by benefits, extracurriculars, tutoring, post-secondary) are shared - usually in proportion to incomes.
We push for disclosure under the Family Law Rules. If it’s not produced, a court can impute income (assume a reasonable income) and order costs. We also design annual “true-up” clauses to keep support current.
Through the Family Responsibility Office (FRO), which can garnish wages, intercept tax refunds, or suspend licences if payments fall behind. We handle registration and fix enforcement issues.
When there’s a material change: income shifts, parenting-time changes, new health/child-care needs, or post-secondary transitions. We help you vary orders/agreements the right way.
No. First we assess entitlement (need, compensatory, or contractual). If established, we use the Spousal Support Advisory Guidelines (SSAG) to model likely amount and duration, then tailor based on your facts.
Married spouses share the growth of their Net Family Property (NFP) from the date of marriage to separation. The spouse with the higher NFP pays half the difference as an equalization payment.
Regardless of title, both married spouses have an equal right to possess the home until matters are resolved. Exclusive possession, buy-outs, or sale can be arranged by agreement or court order.
Gifts or inheritances kept separate, certain personal-injury awards, and some pre-marriage assets (with tracing). Documentation is key; we’ll help you prove it.
Yes - when done right: full financial disclosure, independent legal advice for both sides, and clear, fair terms. We draft in plain language and build in review triggers so your agreement stays realistic.
Often, yes. With proper disclosure and advice, courts generally respect them. We draft, negotiate, and finalize agreements designed to last.
We start with a flat-fee strategy consult and a written plan. From there, we offer transparent billing, cost-control tactics, and unbundled (limited-scope) services for specific tasks if that’s all you need.
Absolutely. We provide limited-scope reviews with practical edits and risk notes so you understand exactly what you’re signing.