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5 Things You Should Know Before Hiring a Family Lawyer

Thinking about hiring a family lawyer? Make sure you know what you’re getting into. From understanding the court’s focus to managing expectations around timelines, this guide shares five key insights that can reduce stress and help you stay focused. Don’t let emotions derail your case—read now and set yourself up for a smoother legal journey read more here

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Things you should never do in family court

Going to Ontario Family Court? Avoid common mistakes that can hurt your case. Learn what not to do, from losing your temper to ignoring court orders. This guide helps you stay prepared, professional, and focused for the best possible outcome. Read now to protect your rights and make a strong impression in court read more here

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When Contempt Meets Parenting: The Case of Palacios v. Palacios 2024 ONSC 5141

What happens when a parent repeatedly ignores court-ordered parenting responsibilities? In Palacios v. Palacios (2024 ONSC 5141), a father was found in contempt for violating joint decision-making rules and unilaterally altering care arrangements, leading to reduced parenting time and a $12,000 cost order. Understand how contempt impacts parenting rights—read the full case analysis and stay informed read more here

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5 Things You Should Know Before Hiring a Family Lawyer

Confused or overwhelmed about hiring a family lawyer? Family law isn’t about punishing your ex—it’s about fairness, facts, and compromise. Rushing the process or hiding information can seriously hurt your case. Read our full guide to stay informed, reduce stress, and protect your rights read more here

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Delaying the Sale of an Investment Property—Can You Be Held Responsible for the Loss?

Wondering if you can recover losses from a delayed property sale? Ontario law considers expectation loss, mitigation efforts, and shared responsibility. If your co-owner’s delay led to financial harm, you may have legal recourse. Learn more about your rights and take action to safeguard your investment today read more here

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What happens when a support payor tries to hide income? Ontario courts got creative in Osanebi & de Pimentel, uncovering the truth and ensuring fair support. Find out how judges impute income and what evidence can make or break a case!

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Some Family Law Questions Answered: A Quick Guide As family law lawyers, we often hear similar questions from clients, whether during initial consultations or as their cases unfold. To help you navigate your concerns, we’ve compiled a list of frequently asked questions with straightforward answers to provide clarity and guidance. Let’s dive in! Read more here

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Navigating International Divorce: A Case Involving Bangladesh and Canada

Facing the challenges of an international divorce? In this real case, a Bangladeshi couple's divorce was valid under their local laws but not recognized in Canada, leading to further legal battles over spousal support and property. If you're dealing with cross-border divorce issues, let us help you protect your rights. Contact us for expert legal advice on international divorces today read more here

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Restoring Parental Relationships: Urgent Motions for Parenting Time

Are you a stepparent in need of urgent legal intervention to preserve your relationship with a child? Understanding how Ontario courts have handled similar cases can provide valuable insights into your rights and options. In one such case, the court addressed the complexities of maintaining a strong parent-child bond in challenging circumstances read more here

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El Rassi-Wight v. Arnold, 2024 ONCA 2

A house transfer agreement was ruled invalid, leading to the appeal's dismissal after the respondent's non-compliance. Discover the court's rationale behind the decision and its broader implications for property transfer agreements and legal precedents. This case highlights the importance of adherence to contractual obligations and the potential consequences of non-compliance read more here

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Enough is Enough! … or is It? Is There Such Thing as Too Much Child Support?

When child support reaches $31k per month, it ignites debates on fairness and the actual needs of children. Such cases raise questions about the rationale behind these figures and what constitutes reasonable support. Discover the details and arguments surrounding this contentious issue to better understand the balance between support and necessity read more here

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What to Expect When You Are Expecting – Court?

Your upcoming court appearance may feel overwhelming, but we're here to help. By now, you've likely discussed the procedure with your lawyer. Nevertheless, we've compiled a list to guide you on proper attire and conduct in court. Remember, court proceedings are formal, and adherence to certain rules is crucial. Let's ensure we don't inadvertently disrupt proceedings or irk the judge. Here are some pointers read more here

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Pension Plan Benefits After the Divorce – What’s Going to Happen?

Do you know that the retirement plan that you share with your partner is one of your largest assets? Now that you are planning to go through a divorce, you need to know as many details about it. Splitting your pension can be one of the most complex things that you can go through. You need the help of a family lawyer Pickering. Feel free to contact Angela Princewill Pickering for more details.

Whether you are the owner of the account or you would like to get a portion from your soon-to-be ex, you need to understand that some issues will suffice. You cannot hire a random attorney to help you. You need someone who is knowledgeable about family law and will have the ability to provide the services you are searching for.

Can You Get Money from Your Spouse’s Pension Plan?

To know if you can, you need to understand that there are two types of pension plans that are available:

Defined Benefit Plan

Defined Contribution Plan

A Defined Benefit Plan will provide you with a monthly benefit. The Defined Contribution Plan will give you cash. This is something that you can talk over with your partner. Can you split the money equally? You still need to have access to the pension if your partner agrees.

You need to prepare QDRO, also known as Qualified Domestic Relation Order. This will give the former spouse the ability to get money from the other person’s pension. Remember that not all retirement plans are the same. No matter what their qualifications, they should be carefully studied so that there are no further issues that will ensue.

How to Avoid Splitting the Pension Plan

Different options are available if you plan to do this. The best thing to do is to come up with a solution that you and your ex-partner will agree on. Perhaps you can offer one of your assets instead that will amount to the expected amount of the pension plan. You can keep your full retirement plan and your ex-partner can keep his full retirement plan. There are other things that you can divide more successfully.

You should also consider the tax implications. It might not seem like much until you are already dividing. You can work this out with your ex-partner and your trusted divorce lawyer Pickering. The more that you can reach a viable solution, the better.

Get Help with Complex Financial Issues

You should realize that financial issues are always going to be important especially when you are going through a divorce. You want to make the most out of your situation even if it seems hard. Your current knowledge may not be enough but the lawyers from a trusted divorce law firm Pickering will make a lot of difference. 

The lawyer should help you weigh your options. Some of the options may include the following:

Continue with splitting the pension plan.

Agree to substitute the amount with another asset.

Think of other available solutions depending on your situation.

Do not go through this without the help of a lawyer as it is going to be complicated.

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Partition and Sale of the Family Home

One of the most common ways of acquiring property or ownership of real estate in our country is inheritance. By inheritance, the heir acquires the scope of rights that the person from whom the real estate was inherited had, and has the full right to use, manage and sell his co-ownership part of the real estate, and co-owners cannot deny each other disposition of real estate in proportion to the share according to AP divorce lawyer toronto. 

In practice, a large number of people usually appear among the heirs, who may have different plans and wishes related to the use of the mentioned real estate. Regardless of whether you inherited the property or acquired ownership over it on some other legal basis, if there are several co-owners, certain questions arise. 

What happens if you want to sell your share of the property, but the other co-owners don't want to do it? Even then, can you exercise your right to manage your part of the property at your own will? The answer is yes. 

Namely, according to the mentioned laws, a co-owner of real estate who intends to sell his co-ownership share, is obliged to offer it to other co-owners beforehand, i.e., to ensure the exercise of the right of pre-emption. 

A co-owner of real estate who intends to sell his co-ownership share, at the same time submits a written offer to all holders of pre-emption rights - by registered letter. This offer must contain information on real estate, price and all other conditions of sale. 

According to the mentioned law, if the holder of the right of first refusal does not accept the offer, and the owner does not sell the real estate to a third party within one year from the day of non-acceptance of the offer, he is obliged to act again in the case described again.  

What to do if there is no possibility of physical division of real estate of which you are a co-owner?

In practice, it often happens that the co-owners of a certain property cannot agree on the sale of its part, and there is no possibility of physical division of the property, so the co-owner of one part cannot sell only his part, but the whole property must be sold. In that case, if everything is done that provides for the exercise of the right of first refusal, and the other co-owner refuses to buy your share, you can make a proposal to the court to sell the apartment and make a civil division, which means that the court sells real estate. on execution and security (provisions on the court method of selling immovable property by auction or direct agreement), so the money realized by that sale is divided among the co-owners, in proportion to the shares held by the co-owners. 

This is generally not recommended from the aspect of co-owners, because such a sale generally cannot achieve a price that corresponds to the maximum market value, and real estate can be sold at a significantly lower value than the market, so all parties will be at a loss.

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How You Can Get Marriage Annulment in Ontario

Some people would like to get an annulment instead of a divorce. Just in case you do not know the difference, an annulment means that your marriage will be ruled null and void. Civil annulments are not very common though. Most people would just like to get a divorce because it is easier.

Seeking a marriage annulment can be even more complicated without the vast knowledge of the right law firm. Whether you want online mediation services Ontario or you would like to seek their guidance regarding a possible annulment, it is best to contact professionals now.

How Can Annulment Be Granted?

Not everyone can get an annulment. Some people are not recommended to do it anymore because it can be costly and hard. These are just some of the situations wherein an annulment may be granted:

One spouse was previously married before the marriage took place.

One spouse did not know that an actual marriage has already taken place.

There is a physical inability to consummate the marriage. Take note that it should be proven that the other spouse does not know about this physical inability before the marriage took place.

One or both people are intoxicated when the marriage took place.

There was no parental consent and one spouse was underage when the marriage took place.

The marriage is a fraud.

It can be hard to prove that a marriage is a fraud. The person who is seeking annulment must present evidence that he/she was being duped to get married.

Another possible reason why a marriage can be annulled is if two people realize that they are closely related to each other. For example, some people do not know that they are siblings until they get to know the rest of their family members. If the person is not honest about who he/she is, this can also be grounds for annulment.

The Process to Get an Annulment

You need to be prepared that it is not going to be easy. You need the help of a divorce lawyer Pickering so that you will be properly guided. The lawyer will let you know if there are grounds for annulment based on the details that you have presented. If yes, then the next step is to get an application form. This will then be sent to court. 

You will be given a schedule for your hearing. This means that you need to be asked several questions to ensure that all of the details that you have presented are factual. If your spouse decides to contest the annulment, this can lead to a longer annulment procedure. The help of a Pickering divorce law firm can be greatly appreciated.

Will You Always Get Civil Damages?

It will depend on the reasons why the marriage had to be annulled. Take note that this is case-specific. Even if you have seen other people get civil damages for a similar case, there is a big chance that you will not get what you think you deserve. This is when you need the advice of the right lawyer.

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Financial Literacy for Separating Couples

I’m not sure if you knew this or not, but November is Financial Literacy Month and this year, the focus was on the “importance of building financial resilience in challenging times and a digital economy”. How appropriate, given we are still in the process of navigating our way out of this COVID-19 pandemic.  

This got me thinking about how much financial resilience our clients need when dealing with their separation or divorce. I always tell my clients that two can live cheaper than one so except for the more affluent, their finances are going to get a little tight.

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An Effective Remedy for Failure to Provide Disclosure

A monetary penalty paid directly to a spouse is an effective method to enforce the production of outstanding disclosure.  In Granofsky v. Lambersky, the spouse was ordered to pay a penalty of $500 per day for each day of non-compliance, and in Mantella v. Mantella the court ordered the spouse to pay $185,000 for not providing timely disclosure. This is one of several ways to remedy persistent failure to provide disclosure.

Judges are familiar with tactics to avoid providing disclosure, and we can ask them to use a variety of methods to force the needed information. If a party delays, provides insufficient disclosure, or behaves in a manner that interferes with the obligation to provide disclosure, a judge can make an order demanding the party furnish the requested disclosure.

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