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WHAT DOES FAMILY LAW COVER

Family law

08 Apr

LEGAL SEPATATION: Legal separation enables a married couple to live apart while still being legally married, offering the possibility of reconciliation or eventual divorce. It may also include court-mandated arrangements concerning property, children, and financial support.

How do I legally separate from my partner – Sign legal separation agreement

What are the legal issues to think when separate

- Division of Property

- Child

- Spousal Support

- Custody of children

 

DIVORCE: You can apply for a divorce after being separated for at least one year (unless there are grounds for an immediate divorce, such as adultery or cruelty).

Court Orders: If you and your partner cannot agree on important issues like property division, custody, or support, you may need to ask the court to make a decision.

 

CHILD SUPPORT: It is a financial contribution a parent must make to help cover the costs of raising a child, typically paid by the parent who does not have primary custody.

Who Pays Child Support - The parent who does not have primary care or custody of the child typically pays child support.

How much child support -  It is based on the paying parent’s income and the number of children

 

SPOUSAL SUPPORT: Spousal support refers to financial payments made by one spouse to the other after a separation or divorce.

Factors affecting spousal support:

- The length of the marriage

- The financial and non-financial contributions

- Ability to pay

 

PROPERTY & DEBTS: The law aims to ensure that both spouses receive an equitable share of the assets and liabilities accumulated during marriage.

This can include:

- Real estate.

- Bank accounts, pensions, RRSPs, and other savings.

- Vehicles, furniture, and other personal property.

- Investments or business interests.

 

CHILD PROTECTION: Child protection in Ontario refers to the system and legal framework designed to ensure the safety and well-being of children.

Children's Aid Societies (CAS) are the primary agencies responsible for child protection in Ontario.

 

PARTNER ABUSE: Also known as domestic abuse or intimate partner violence (IPV), refers to harmful behaviors by one partner in a relationship that aim to control, intimidate, or harm the other partner.

Types of  Partner Abuse:

- Physical abuse is any form of violence that causes physical harm or injury to a partner.

- Constant criticism or belittling.

- Threatening the victim or their loved ones.

- Humiliation or making the victim feel worthless.

- Manipulation and gaslighting (making the victim doubt their own reality or sanity).

- Isolating the victim from friends, family, or other support systems.

- Sexual Abuse forcing a partner to engage in sexual activities against their will.

- Financial Abuse like Withholding money of controlling.

- Verbal Abuse involves the use of language to hurt, belittle, or control the victim.

 

OUT OF COURT OPTIONS: there are several out-of-court options that can help resolve the conflict without going through a lengthy, stressful, and often costly court process.

Such as:

- Mediation is a process where a neutral third-party mediator helps the parties involved

- Collaborative law is a legal process where both parties work with their respective lawyers and other professionals

- Arbitration is a process where a neutral third-party, called an arbitrator, hears both sides of a dispute and makes a binding decision.

- Negotiation involves direct discussions between the parties (with or without their lawyers) to come to a mutually acceptable agreement.

- A settlement conference is a meeting facilitated by a judge or other neutral third party to help the parties come to an agreement outside of court. In family law cases, this may be done as part of the court process, but the aim is to avoid a full trial.

- If a couple has difficulty agreeing on child-related issues after separation or divorce, a parenting coordinator (a neutral third-party expert) can assist in resolving conflicts, ensuring that the child’s best interests are met.

- Therapy or counseling may be beneficial for addressing underlying issues and helping the parties reach a resolution.

 

RESTRAINING ORDERS AND PEACE BONDS: These are legal tools designed to provide protection to individuals who are at risk of harm, including victims of partner abuse. is a court order that prohibits a person from contacting, approaching, or coming near the person seeking protection. Restraining orders are commonly used in situations where there is a history of harassment, violence, or threat of violence.

Types of restraining orders:

- Civil Restraining Orders: These are typically obtained in a family court or civil court by the person seeking protection to prevent the abuser from contacting or coming near them.

- Emergency Restraining Orders: In cases where there is an immediate threat, a judge may issue an emergency restraining order on a temporary basis until a full hearing can take place.

 

GETTING LEGAL HELP: It is crucial to get the right legal help to ensure your rights are protected and that you navigate the process effectively. Legal professionals can guide you through complex legal systems, help you understand your options, and represent you in court or in negotiations.

 

RRM Law can assist with a variety of legal issues, including family law, domestic violence, and separation cases. We offer expert guidance on matters such as divorce, child custody, spousal support, and property division, ensuring fair and equitable outcomes. For those facing partner abuse, we can help secure restraining orders and peace bonds to ensure safety, as well as navigate criminal proceedings related to abuse.

The firm may also provide mediation and collaborative law services to help resolve disputes outside of court and offer legal representation in complex family law cases. Additionally, RRM Law supports clients through child protection matters, offering legal counsel to protect parental rights and ensure the welfare of children involved.

In need of HELP?  Speak to an experienced Lawyer today at 1 + (905) 798-3776.