Tips for Creating a Divorce Settlement Agreement

A divorce settlement agreement is an arrangement that spouses use to outline how finances and other assets will be divided once they go their separate ways. This agreement may also cover issues such as spousal support and child support. If you are trying to create a divorce settlement agreement in Toronto, here are some tips for doing so:

Be objective

A divorce is an extremely personal matter that is filled with many emotional ups and downs.

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7 mins read

When Payor Is not Paying: How to Enforce Support Payments

If you have obtained a court order in Ontario in relation to child support and/or spousal support, and the payor has decided to stop making payments as ordered, there is no need to worry because the Family Responsibility Office (“FRO”) will step in to enforce support and take measures to obtain the payments as required.

If you have withdrawn from FRO enforcement because you trusted that support would be paid without the need to enforce same then you can re-register with FRO at the cost of $50.00 by submitting a Notice of Re-Filing Form.

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4 mins read

Things to Consider When Hiring a Family Lawyer

Family lawyer focus on issues that may affect a family structure. Usually, they handle matters such as divorce, the division of marital property, spousal support, child custody and child support. Family lawyers may also help partners to create marriage and domestic contracts that outline the rights and responsibilities of each person in the relationship and what should happen if the relationship ends.

Family law matters are extremely sensitive,

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6 mins read

The All Families Are Equal Act

The All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 (hereinafter the “All Families Are Equal Act”), came into force as January 1, 2017 and affects all births registered after that date.

According to the Ministry of the Attorney General, “the new law will:

  • Provide greater clarity and certainty for parents who use assisted reproduction to conceive a child
  • Provide a streamlined process for the legal recognition of parents who use a surrogate,
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3 mins read

Imputing Income to the Intentionally Unemployed or Under-employed

Separating spouses and parents and family lawyers often encounter situations where a parent or spouse alleges that the other party has “quit” their job to avoid child and/or spousal support obligations, or where the other party is working in a position that pays less than they ought to be making. In some cases, spouses may be earning income from undisclosed and untraceable sources.

Under s. 19 of the Child Support Guidelines,

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2 mins read

Post-Separation Increases of Income for Spousal Support Purposes

There is no automatic presumption that a spouse is entitled to an increase in spousal support when a spouse’s post-separation income increases.  By the same token, a spouse is not necessarily not entitled to share in post-separation increases of income enjoyed by a spouse.

The Honourable Court in Kirvan. v. Kirvan, recently addressed the issue of post-separation increases in income and outlined principles to be considered which include the following:

(a) A spouse is not automatically entitled to increased spousal support when a spouse’s post-separation income increases.

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9 mins read

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