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Kitchener Family Law Blog

Can your child decide which parent will have custody?

Perhaps one of the most painful decisions you have made is the one to end your marriage. Undoubtedly, you sought counsel from many sources before determining that divorce is the best solution. However, this one decision opens the way for many more questions you must answer, including those involving property division, debt division and child custody.

Ontario laws are slowly changing, and it is no longer a given that family courts will order custody solely to the mother. In fact, it is more likely that the courts will make every effort to provide a balance of custody between both parents since this arrangement is often more beneficial for the child. This can make child custody issues much more complicated, and you may be like many parents who consider allowing the child to make the decision.

Considerations for selling the family home during your divorce

Nobody marries with the intention to divorce. Unfortunately, not all Ontario couples are destined to live happily ever after, and regardless of the reasons to end a marriage, it will almost always be a daunting process. If you are in the throes of a divorce, you will likely find that at least one adviser will tell you to leave emotions at the door and deal with the process as you would with a business transaction.

Typically, one of the most contentious and emotionally challenging areas of a divorce is the division of the marital assets. How divorcing spouses handle any shared real estate properties during this time, especially the potential selling of the family home, can have a drastic impact on each party's financial future.

Understanding the facts about spousal support

Depending upon your financial circumstances, when you and your spouse sign your divorce papers, you may find that you need financial help from your former spouse or he or she might need that help from you. This support pertains to couples -- same-sex as well -- who are legally married or who have been living in a common law relationship. If you earn more than your former spouse, you may be required to pay spousal support.

It's usually the spouse who earns more who is called the payor. However, spousal support payments aren't automatic. If you're likely to be on the receiving end -- or the payee -- you have to be entitled to receive support. Essentially, spousal support tries to ensure that one spouse doesn't experience undue financial hardship and that he or she is able to maintain a similar lifestyle going forward.

Creating a cohabitation agreement as a common law partner

These days, many Ontario couples forego the marriage ceremony and opt, instead, to cohabit. If you are considering this option as a common law partner, you may want to strongly consider having something in place to safeguard your interests while living together, just in case you should ever break up.

A cohabitation agreement formally spells out the particulars of your financial relationship. These agreements cover such things as spousal support and the division of property and assets if your relationship should end.

Kitchener couples: be ready if a relationship meets its Waterloo

When someone tells you something that sounds too good to be true, and, in fact, that is how it often turns out, a common reaction is to say, "Can I get that in writing?" While the question is usually a good-natured jest, there are times when it really is best to get an agreement written down, get it signed and even get it witnessed.

There is a time in many people's lives when things really do seem too good to be true, and that's when a romantic relationship is in full bloom. Sometimes love can last a lifetime, but there are no guarantees, unfortunately. Whether you are about to marry your love or you are planning to cohabit in a committed relationship, a binding domestic contract or agreement might be a very good idea. 

High-asset divorce - Good reasons to stay out of court

Higher-income couples have more financial resources at their disposal, but being judicious about spending is still a going concern - especially when it comes to divorce.

If you fall into a higher wealth bracket, a prenuptial agreement could prove invaluable at the end of a relationship. But if you didn't draft one, you may be able to use out-of-court alternatives and strategic property division tactics to avoid a messy divorce. Here's why court is less than ideal, what alternatives exist and whey these make good sense.

FindLaw Network  

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