Family Law

Guiding Clients Through Divorce

A couple might decide to end a marriage for numerous reasons. Whether you and your spouse do not share a common view of the future, your professional goals have changed or you have simply grown apart, a skilled Family Law Lawyer can answer your questions and provide the guidance you need.

At Dunsmuir Ridler, we have helped countless individuals through this life-altering transition. Headquartered in Newmarket and located directly adjacent to the Newmarket Courthouse, we are prepared to offer legal advice and guidance to clients throughout York Region, Durham Region, Simcoe County, King Township and the Greater Toronto Area.

There Are Several Factors To Consider In Divorce

While a divorce might be the best possible solution for your future, you are still facing a challenging emotional and financial time. An experienced family Lawyer can provide the legal guidance necessary to resolve disputes and help you move through the divorce process as efficiently as possible.

If there are contested issues between you and your spouse, generally the divorce will be delayed until these issues are resolved, which can take weeks or months, depending largely on how far apart you and your spouse are on the contested issues. The contested issues which may arise in a divorce which our firm is prepared to handle involve:

• Child custody and access
• Child support
• Spousal support or spousal maintenance
• Property division and the sharing of debts

If your divorce is proceeding on an uncontested basis, meaning you and your spouse have resolved all issues which may arise from your separation, the divorce process can be less time-consuming. At Dunsmuir Ridler, we can guide and assist individuals through this process of obtaining an uncontested divorce.

If you are considering divorce or were served divorce papers, schedule a 30-minute consultation at our firm to obtain the necessary information required to help you through your transition.

Contact Our Firm

Call or email Dunsmuir Ridler to schedule a 30-minute consultation to discuss your matter. Our hours of operation are 8:30 a.m. to 5:00 p.m. weekdays.

Providing Legal Representation In Child Custody And Access Matters

As with all issues which may arise in the family law context, child custody and access matters can be resolved by way of negotiated settlement or, if required, through the court process. At Dunsmuir Ridler, we provide individuals with the guidance necessary to determine which process is appropriate for their particular situation.

Decisions as to custody and access are based entirely upon the children’s best interests after a consideration of all relevant factors and circumstances of each particular situation. Factors which are considered include, but are not limited to:

• Emotional Ties: love, affection and emotional ties between parents and children
• Parenting Skills: the ability and willingness to provide children with guidance, education, the necessities of life and any other special needs
• Views and Preferences of Children: if they can reasonably be ascertained
• Proposed Plan: a parenting plan which takes into account the children’s care, upbringing, stability and permanence

When you need a skilled Lawyer for a complex custody or access matter, do not hesitate to contact our office for a consultation.

Dunsmuir Ridler Is Prepared To Handle Your Case

Child custody and access can be challenging topics to resolve with your former spouse. Schedule a 30-minute consultation at the Newmarket office of Dunsmuir Ridler to discuss your unique situation. Our hours of operation are 8:30 a.m. to 5:00 p.m. We offer services in English.

Helping Resolve Child Support Disputes

Since 1997, the Federal Child Support Guidelines have been in place, with the aim of reducing child support disputes and creating certainty and fairness for children of divorced and separated parents. Unfortunately, it is not uncommon for divorced or separated parents to disagree on numerous factors that ultimately determine the support amount.

Throughout the history of Dunsmuir Ridler, we have helped clients in Newmarket, York Region and nearby parts of Ontario navigate complex, emotional family law matters. When a divorce or separation involves children, the proceedings can quickly become challenging on many levels.

Even though the guidelines account for much of the calculation, the determination of support can be influenced by numerous factors, including:

• Medical and dental insurance premiums for the child’s coverage
• Extraordinary extracurricular expenses, such as private coaching or activities requiring international travel
• Primary, secondary or post-secondary education expenses
• Unpredictable or unusual parental income, such as seasonal or commission-based income

Our firm will carefully examine your financial situation to guide you through the process efficiently and cost-effectively. Our clients rely on our thorough preparation and our detailed understanding of family law to guide the proceedings.

Support Modifications

Much like spousal support, it may be necessary to make modifications to your child support agreement every few years as your separation progresses and your children grow. Factors such as job loss, relocation and the age of the child may require the parents to re-examine the original order. When a significant change occurs in your work or personal life, it is crucial to work with a skilled Lawyer. A verbal agreement, or changes negotiated without legal assistance, may not be enforceable. A process is in place to allow former spouses to make revisions to child support when significant changes occur, and with help those revisions can be carried out smoothly and efficiently.

Call Or Email Our Firm

The Newmarket office of Dunsmuir Ridler can be reached by phone or through our convenient email system. Schedule a 30-minute consultation to discuss your child support matter. Hours of operation for the firm are 8:30 a.m. to 5:00 p.m. We offer services in English.

Spousal Support Is Based On Numerous Factors

Depending on the relationship of the spouses, disputes surrounding support may quickly become heated and contentious. A knowledgeable Lawyer who can answer your questions can help ensure that the process runs more smoothly from start to finish.

The staff of dedicated professionals at Dunsmuir Ridler has extensive experience representing clients in the full range of family law matters. Headquartered in Newmarket, we represent individuals in Ontario, York Region and throughout the Greater Toronto Area.

Determination Of Spousal Support Can Rely On Several Factors

The determination of spousal support — sometimes referred to as spousal maintenance or alimony — is dependant on a number of factors. A family court judge deciding spousal support will take into consideration:

• Length of time that you lived with your spouse
• Number of dependant children
• Income of both parties
• Both spouses’ earning potential in addition to education and work history
• The training and education necessary for the more financially dependant spouse to become financially stable
• Any employment or educational opportunities sacrificed by either spouse for the sake of the other during the relationship
• Whether or not one spouse contributed time, effort or other resources to the career of the other spouse
• Whether one spouse will suffer a decreased standard of living following the dissolution of the relationship

The government provides Spousal Support Advisory Guidelines to give judges an idea of the range of support that is advisable for most couples. While the court is not bound by the guidelines, support is often ordered within the range.

The guidelines are also useful to keep in mind during negotiations among the parties and their Lawyers. At Dunsmuir Ridler, we also have software that can assist us in calculating a range of support that may be payable in the circumstances of your case.

Modifications And Enforcement

It would be unrealistic to assume that the determination of spousal support could anticipate all future events. If you or your ex-spouse has experienced a significant change in financial status, it is crucial that you seek a modification through the legal process. Many individuals attempt to reach a verbal agreement with their ex-spouses, but these agreements are not legally binding and cannot be enforced.

If you need to enforce your support agreement, the Family Responsibility Office (FRO) can help enforce your spousal support payments. Our Lawyers can explain the FRO’s role as well as any options your unique situation may afford you.

Schedule A Consultation At Dunsmuir Ridler

Call or email Dunsmuir Ridler to schedule a 30-minute consultation to discuss your matter. Our hours of operation are 8:30 a.m. to 5:00 p.m. weekdays. We offer services in English.

Accurate Property And Debt Division: A Crucial Matter In Divorces And Separations

Divorcing and separating couples must reach agreement on numerous topics, including spousal support, child support and child custody. Additionally, the two parties must examine the assets and debts accumulated during the relationship and find an equitable split.

The family law firm of Dunsmuir Ridler has guided numerous clients through complex disputes and emotionally charged disagreements focusing on the division of assets and debts. We understand the frustration that our clients feel when facing this process, and are ready to answer questions and provide guidance through every stage of the process.

Contribution And Equalization Payments

When a married couple chooses to end their marriage, the contribution of each person is recognized by the court. Property that was acquired during the marriage — and still exists at the time of separation — will be divided equally between the two parties. In addition, if the property has increased in value during the marriage, this increase will also be shared equally. If during the course of reaching an equal split a payment is owed from one spouse to the other, it is referred to as an equalization payment.

• In broad terms, an equalization payment is calculated as follows:
• At the date of separation, the parties add up their assets.

All liabilities and nonmarital property (gifts, inheritances or property brought into the marriage) are then subtracted from the asset sum.

The difference between the assets and liabilities is the Net Family Property. If one spouse has a higher Net Family Property Value after possession of assets such as the marital home and vehicles are determined, half of the difference is paid to the other spouse. This is the equalization payment.

The rules for property division are different for common-law couples.

Debt Sharing

Over the course of a marriage, the two parties will likely acquire debts and other liabilities. It might be possible to refinance a loan or get your name removed by the lending institution. Our firm has extensive experience helping spouses reach a settlement with each other whereby one spouse agrees to pay a loan and releases the other spouse from any obligations.

Contact Our Law Firm

If you have further questions about division of property and debts in a divorce, schedule a 30-minute consultation at the Newmarket, Ontario, office of Dunsmuir Ridler. Our Lawyers offer services in English. Call or complete our email form to schedule an appointment.

Whether You Are Married Or A Common-Law Spouse, Contact Our Law Firm

In Ontario, you are considered to be in a common-law relationship if you and your partner have lived together for three years or if you and your partner live in a relationship of permanence and have a child together. The cohabitation must be continuous. If you are in a common-law relationship, it is wise to seek the counsel of an experienced Lawyer to learn more about your rights.

At Dunsmuir Ridler, our staff of dedicated professionals has extensive experience guiding clients through all facets of family law matters, including the special challenges faced by separating common-law spouses. We understand the complexities of family law and can provide honest answers to challenging questions. We offer a 30-minute consultation for clients to discuss concerns and receive clear direction regarding their legal rights.

In Ontario, both common-law and married spouses have the same rights and obligations regarding spousal support, child support, custody and access. Property rights, however, are treated very differently.

Rights In Relation To Property

Unlike married spouses, a common-law spouse has no right to seek an equalization of net family property. Property is divided based on who purchased it, with jointly owned property being shared equally and sold if necessary to divide the proceeds.

The results of this difference may result in unfairness, if one partner contributed significantly to property he or she did not own. To obtain rights to the property, a claim for unjust enrichment would need to be made. In addition, for common-law spouses, the matrimonial home is treated as if it were any other property, with the legal owner maintaining ownership of the home after separation.

Contact Dunsmuir Ridler For A Consultation

If you have further questions regarding family law or common-law separation in Ontario, Dunsmuir Ridler’s Lawyers can answer your questions thoroughly and compassionately. Schedule a consultation at Dunsmuir Ridler to discuss your unique situation in greater detail.

No matter your specific situation, a domestic contract can ensure your marital assets remain organized and your wishes are well-documented. At Dunsmuir Ridler, we have a long history of providing legal guidance regarding domestic contracts to couples facing a wide array of situations in Newmarket and surrounding areas. Clients trust our depth of knowledge in family law matters as well as our extensive experience in providing honest direction. If you are considering drafting a domestic contract, schedule a consultation at our firm today.

Different Types Of Domestic Contracts

If you need the legal advice or representation of a skilled, experienced family law Lawyer, we encourage you to contact our firm. We can provide direction regarding different types of domestic contracts, such as:

• Cohabitation Agreements: It is not uncommon for individuals to choose to live together, but not get married. These couples can be well-served by the use of a cohabitation agreement to protect their rights and clearly define their legal relationship and obligations to one another.
• Marriage Contracts: These documents are referred to by numerous names, including prenuptial agreements, postnuptial agreements and marital contracts. These contracts are used to organize and separate marital assets such as a house, cars or furniture from nonmarital assets, such as an inheritance or a gift that was given to only one spouse. Over the course of a marriage, these documents can be amended to include recent acquisitions. Marriage contracts can also be used to decide ahead of time how you will handle various matters if your marriage comes to an end.
• Separation Agreements: At the end of a marriage, a separating or divorcing couple will need to clearly define their rights and obligations, and their new legal relationship to one another, through a separation agreement. Topics can include child support, spousal support, the division of property and debts, and any other matters in dispute that must be settled before the couple is free to begin life post-marriage.

Depending on your specific situation, you can arrange your affairs however you wish. These three documents can prove to be useful for all couples, particularly those going into second marriages or couples with multiple properties.

Call Or Email Dunsmuir Ridler

When you need legal advice or representation in your family law matter, contact the office of Dunsmuir Ridler. We offer services in English. The firm can be reached by phone or through its
convenient email system.