Legal Insights

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An Introduction to Family Law
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An Introduction to Family Law

Family law in Canada deals with legal matters that affect relationships within a family unit. It covers a broad range of issues, including divorce, separation, child custody and support, spousal support, property division, and more. The primary focus of family law is to ensure the well-being and best interests of all family members involved, particularly children. Understanding the legal framework of family law is essential for resolving disputes and making decisions that uphold the values of fairness, equity, and the welfare of those affected….

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Navigating Child Support: A Family Law Perspective
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Navigating Child Support: A Family Law Perspective

What is child support? Child support involves regular payments from one spouse to the other, benefiting the child of the relationship. These payments are calculated based on federal or provincial Child Support Guidelines (CSG). The CSG provides tables outlining monthly amounts, determined by specific criteria. Typically, the monthly table amount covers day-to-day expenses such as food, clothing, and school supplies. It is based on the payor parent's gross annual income and the number of children. Exceptions to the table amount occur when the parenting schedule is "shared" or "split" between parents.

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Navigating the Division of Assets and Real Estate during Separation and Divorce
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Navigating the Division of Assets and Real Estate during Separation and Divorce

Achieving fair share: equalizing family assets: When a marriage comes to an end, the Family Law Act mandates a process called equalization of net family property. This process ensures that the overall value accumulated during the marriage is fairly distributed between both spouses. It recognizes the contributions made by each spouse to the marriage, irrespective of legal ownership. If one spouse has accumulated more net family property than the other, a payment known as an equalization payment is owed to achieve a balanced outcome. The first steps in dividing assets…

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Understanding Spousal Support: What You Need to Know
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Understanding Spousal Support: What You Need to Know

In determining “entitlement” to spousal support, a number of factors are taken into account, including: the length of the relationship, the roles each spouse played during the relationship, dependent children, each spouse’s earning capability and each spouse’s needs and ability to pay. How is spousal support calculated? While there is no magic formula for calculating spousal support in Ontario, for most couples, spousal support is determined by the specific circumstances of their case. Generally, the courts will use the following criteria in making a determination on the issue of spousal support: 1. The length of the relationship will assist the court in determining both the amount and duration of spousal support…

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