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Divorce And Prenuptial Agreements/ Marriage Contracts

The marriage contract provides one or both spouses in the event of a dispute, and the reasons for that can be material, but also psychological in nature. Although our legislation Davies Toronto Family law firm is familiar with this legal institute, the number of concluded prenuptial agreements is increasing. The issue of regulating marital or extramarital property relations is one of the most complex issues of family law.

The reasons for the complexity should be sought in the category of persons to whom this matter refers, but also in the relationship that exists between the spouses. It should be pointed out that this is not a simple property relationship, as it usually exists between ordinary contracting parties, but a relationship that is primarily imbued with emotional ties. On the other hand, the nature and content of the rights that make up this relationship are conditioned by a number of different factors, from historical, social, through economic, to political. 

Although, at the beginning, many are not even aware of it, the property relations of spouses, i.e., extramarital partners, are an integral part of every marital or extramarital relationship. Spouses or extramarital partners rarely think about the property law aspects of their relationship, especially at a time when these relationships are harmonious and when there are no conflicts between them. 

On the contrary, when these relationships are disrupted and divorce or cohabitation ends, the discussion of property relations between the former partners is transferred to the court, which starts long, expensive and sometimes very exhausting litigation, which usually ends in dissatisfaction. 

The conclusion of a marriage contract opens the possibility for future partners, even before the establishment of a community of life or during its duration, to regulate their property relations and adjust them to their real needs and interests, while the relations between them are still harmonious. The aim of such contracting is the legal security of the partners and third parties, but also to prevent unnecessary reduction of assets caused by the payment of litigation fees. When we talk about the property of the spouses, we should distinguish between two regimes, namely: the system of separate property and the system of joint property. 

The system of special property of spouses, i.e., extramarital partners 

The entire property acquired by one spouse before the establishment of the community of life with the other spouse represents his / her separate property, where the manner in which the spouse acquired it does not matter. It should be borne in mind here that the key moment is not the day of concluding a marriage, but the day of founding a community of life. 

It is clear that the community of life that the spouses founded before the marriage will be considered extramarital, and that from the moment of marriage it grows into a marital union, but it is important to emphasize that the relations regarding the acquisition of property in both communities are essentially the same. 

Special property is also considered to be the property that belonged to the spouse after the division of the joint property that the spouses acquired during the duration of the community of life. 

Do you want to smoothly navigate in this process? Trust our team of experts for the best guidance and solve the issue of child support with proper discussion. Reach our office or call us today for a consultation.

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Myths About Child Support That Should Be Debunked

Even if people would like to try to have a long and fruitful relationship with their partners, they know that this is not always true. Some would start to feel that their relationship is not as good as it used to be. They just do not want to separate because there are children involved.

As much as possible, they would like their children to grow up with both their parents. The thing is, children can grow up with both their parents present. Their parents do not have to stay together to make it happen. The help of Davies family lawyers in Toronto can be very helpful at this point.

The Help of Family Lawyers

Why is the help of family lawyers important? There are some things about family law that people do not understand. It also does not help that there are so many myths that are going around. You do not know what you should follow. The help of family lawyers in Ottawa will at least provide the details that you are searching for. 

Family lawyers can also be helpful when you need some details about child support, divorce, and so many other terms that you are not familiar with at this point. Just remember that if your ex-partner seeks a family lawyer, this is your sign that you need to find one too.

Myth #1: If you are earning more, you need to pay for child support.

There are different factors that the court usually considers when it comes to who will pay child support. If you are the parent who will have more time with your children, you do not necessarily have to pay for child support. 

The children are probably living with you which means that you are already spending a lot on their daily expenses and needs. Your ex-partner may have to give a certain amount depending on your ex-partner’s financial status.

Myth #2: Since the children are living with you, you do not need to pay for child support anymore.

This is also not true. It does not mean that just because your children are living with you, you are not going to pay for child support if the children are with your ex-partner for an extended time.

The same way that it does not mean that just because you are the payor, you will not be allowed to spend time with the children anymore. All of these things will be discussed with the help of your family lawyers in Ottawa.

Myth #3: If the payor loses his/her jobs or quits, there is no need to pay for child support anymore.

Your children do not deserve to starve just because you or your ex-partner has lost his/her job. Remember that it is the children’s best interests that will always be considered by the court. 

If in case you would need some modifications with your child support, you can also let your lawyer know about it. It is a myth that once it has been created you cannot make changes to it anymore.

Do you want to smoothly navigate in this process? Trust our team of experts for the best guidance and solve the issue of child support with proper discussion. Reach our office or call us today for a consultation.

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Child Support & Child Visitation: Why The Courts Treat Them Differently

When going through a divorce with minor children, you and your ex-spouse will address the issues of child support and child visitation. Far too often, divorced couples assume that child support and child visitation are tied to each other.

However, as they often find out, after being taken back to court, they are mutually exclusive and separate Orders. As such, the courts will treat child support and child visitation differently. To better illustrate why we will review a few different scenarios below.

Scenario #1: The custodial parent is refusing visitation because child support is not being paid.

This is a common occurrence that arises when the non-custodial parent is not making child support payments, under-paying, or making payments late. The custodial parent can get upset and decide to punish the non-custodial parent by not allowing access or visitation with their minor children.

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When Is It Better To Litigate A Divorce?

As you proceed through your divorce, you can attempt to reach your divorce settlement agreement using various methods, including mediation, arbitration, and collaborative law. While these types of alternative dispute resolution (ADR) can be beneficial in certain cases, they may not always be the best approach for reaching an agreement.

Sometimes, it can be in your best interests to forego ADR and rather have outstanding matters litigated in court. There are specific situations where litigation is a better choice to ensure you receive a fair divorce settlement:

High-Value Divorces: If you and your spouse have investments, substantial cash savings, own multiple homes, or own a business, litigating the division of assets results in you receiving your fair share.

Prevents non-disclosure of or hidden Finances and Assets: Litigating a divorce will uncover all finances and assets. This is especially important if you suspect the other party will attempt to hide finances and assets to avoid having to divide them equally.

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Property Division During Divorce: Why A Prenup Could Benefit You

Part of getting a divorce requires equalization property division between the divorcing couple. The Family Law Act ensures that all couples who do not have a prenup – marriage contract – go through the equalization process to divide property between the couple.

Property includes any type of real property, real estate, bank accounts, retirement accounts, businesses, and so on. The type of property that is excluded from equalization is rather narrow.

What does equalization of property mean for divorcing couples?

Under the terms outlined in the Family Law Act, each party is entitled to a fair distribution of property the couple owns when they separate and get divorced. As soon as you are married and your marriage license is signed, you and your spouse have entered into an agreement where if you get divorced, you will equally divide any property.

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4 Common Myths About Separation And Divorce

Myth #1: Women are favoured over men by the courts and judges.

One concern we hear from our male clients is that women tend to come out ahead during a divorce proceeding. They believe that the courts and judges favour women over men regarding spousal support, child support, child custody, and access.

While it was common for courts to award custody to mothers in the past, it is not the case today. Courts and judges today have taken a neutral approach to decide matters that must be litigated upon. In some cases, fathers are the custodial parent, receive child support, or even spousal support.

In general, the outcome in a divorce largely depends on the evidence and facts presented in court, how the law applies to that particular situation, and ultimately, what is in the children’s best interest.

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A General Overview Of Filing For Divorce In Ottawa

Divorce laws are contained within the Divorce Act of Canada. While these provide a general guideline of the divorce process, the exact divorce processes and procedures can and do vary by territory or province. As such, it is best to consult with a qualified divorce lawyer in Ottawa to learn about specific processes that could occur based on your circumstances.

Divorce laws are contained within the Divorce Act of Canada. While these provide a general guideline of the divorce process, the exact divorce processes and procedures can and do vary by territory or province. As such, it is best to consult with a qualified divorce lawyer in Ottawa to learn about specific processes that could occur based on your circumstances.

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5 Reasons You Should Get A Prenuptial Agreement Or Cohab Agreement

When you are in love, the furthest thing on either of your minds is that the relationship will end. Instead, everything seems perfect at the very moment. You care for one another, finish each other’s sentences, and are committed to one another.

Yet, when your relationship reaches the point where you are getting ready to propose or consider moving in with each other, this is the time to start thinking about some of the reasons to get a prenuptial agreement or cohabitation agreement in place. A cohabitation agreement functions like a prenuptial agreement, except you and your partner are not legally married, yet live in the same household.

Initially, you may want a cohabitation agreement if you will be living together, and then have that agreement modified to become your prenuptial agreement should you become legally married. This is also known as a Marriage Contract.

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4 Reasons Why You May Require A Motion For A Change In Child Custody

The child custody agreement reached during your divorce proceeding should never be considered final. Initially, the order outlines how custody will work – who will be the custodial parent, how decisions are made, and so on. However, the circumstances of the divorced parents can and do change.

Modifications to the original child custody order can be requested by either parent until the child is no longer considered a minor. In general, this is normally once they reach their eighteenth birthday. However, there can be special circumstances where child custody orders will remain in effect past this time (meaning past the age of 18).

Some of the more common reasons one parent could request a motion for a child custody modification could include:

#1: The child’s welfare and well-being are in question.

Family courts will always place the best interest of the child ahead of the parents’ wishes. If one parent believes and has supporting evidence that shows the endangerment of the child they can request a modification to child custody if one or more of the situations exists:

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Filing for child support explained by family lawyer Ottawa

Divorce or separation is probably the worst-case scenario for the individual, especially for those who have children. Because then the big question that arises in front of them which is how to financially support the upbringing of their children. When it comes to child support there are several factors considered such as food, clothes, medical bills, education, and transport. Also, there are even other elements that need to be paid off such as sports, leisure, and recreational activities. These expenses of the children are usually covered by child support if their parents get separated or divorced. Both the parents of the child have to take an equal share of responsibility for their child. If you are going through a divorce and are worried about child support, then you should hire Tanya Davies Family Lawyer Ottawa. If you want to know more then here are a few pointers that will cover the steps towards filing child support which is explained by the family lawyer Ottawa:

Establish the paternity

If you want to apply for child support then the first thing you need to do is that you should confirm that you are the parents of the child. If you are the mother of the child then you probably won’t face many problems. The family lawyer Ottawa states that if you weren’t married at the time of the birth of your child then this can complicate the matters while filing for child support. But if both the parents of the child sign the “Acknowledgement of Paternity” then it will be more than enough to prove to the court that you and your partner are the parents of the child. There are some other ways to prove to the court that you are the parent of a child other than “Acknowledgement of Paternity” such as you need to ask a court to order the father to give the genetic testing or to voluntarily admit to paternity.

Calculating the child support

Calculating child support is one of the toughest parts of filing for child support, according to family lawyer Ottawa. As mentioned earlier, several factors are taken into consideration while calculating child support, which includes how much the child spends with each parent, the net income of each parent, and additional costs other than the basic living expenses of the child. The net income of the parent includes the tips that they receive, their salary or wages, worker’s compensation, pension, overtime, and also unemployment benefits. All these factors are considered by the family law because there needs to be consistency across the state for the support awards though they are not applicable for the people whose income is either too high or too low.

How to apply for child support?

Now the most important question, which is how to apply for child support? The family lawyer Ottawa states that once you calculate the child support you can start the process by applying for child support and obtaining a court order. You can either hire a family lawyer and start the process of filing child support or you can approach the child support services who can further help you with this procedure. You can submit an application to the court online or in person, and then the court will establish an order. The court order will have all the necessary details and each parent will receive a copy of it.

The pointers mentioned above explain how to apply for child support. You can start with establishing the paternity of the child, then calculate the child support, and then file it with the help of a family lawyer Ottawa. For more information about family lawyers, do follow us on Google Maps, Salespider, and Cylex.

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How Are Parenting And Contact Orders Different From Custody And Access?

On March 1, 2021, there was an update to the terminology used for child custody and child access orders. Part of the reason for the change is many felt the terms custody and access made it sound like children were property and something parents owned.

The new terminology reflects a change that aligns with the child’s best interest and parents’ responsibilities in caring for them. Existing and new custody and access orders are now referred to as parenting and contact orders.

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4 Common Myths About Child Support

If you are contemplating separating from your spouse or partner and have minor children, you may have heard some myths about child support and have general concerns.

As evident, both parents have a financial responsibility to their minor children. For help resolving child support issues, including obtaining a child support agreement, please feel free to contact Ottawa’s child support lawyer, Tanya Davies from Davies Law Firm, at (613) 688-0462 today!

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When Mediation Is Right For Me, What Are Some Benefits Of Using It?

Mediation during a divorce proceeding can be very beneficial for couples who are amicable, or at least willing to negotiate on various issues to finalize their divorce. Mediation is a process where a non-biased, third-party (known as the mediator) helps the couple reach decisions they both agree upon.

The mediator does not decide for the parties but helps them make their own decision. Once mediation is completed, the legally binding agreements are presented to the Court.

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Is My Ex Responsible For Child Support If They Lost Their Job Due To COVID-19?

One question that has come up frequently due to the coronavirus pandemic is what happens if an ex loses their job and is no longer able to make child support payments?

Unfortunately, there is not much that can be done presently to address this situation.The CERB (Canada Emergency Response Benefit) that your ex is receiving does not account for child support payments. 

Read More Here: https://www.daviesdivorcelaw.com/ex-responsible-for-child-support-if-lost-job-due-to-covid-19/

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Reasons you should consider hiring a family lawyer Ottawa

The function of the family lawyer Ottawa can’t be ignored. A family attorney can be trusted with all your legal issues right from the custody of the child to guardianship and even divorce. The family attorney can assist you in all of these difficult situations. They can even provide appropriate guidance to you in property-related issues, legitimacy, and adoption. The family lawyers in Ottawa are even hired by the couple who want to end their marriage legally. Following reasons can explain you in brief about why you should hire a family lawyer:

Expert Guidance: Family attorneys are qualified professionals having a good amount of experience in family law cases. They have handled enough cases in their career that are similar to yours. Guidance from the family lawyers is unmatchable since they have both the theoretical and practical knowledge about the family law and they can easily predict the direction of the case. There are various law firms having experienced family attorneys who can represent you well in the court of justice with their expert guidance. The family attorneys will guide to make the right decisions and taking the right steps throughout the entire process. When you have a family lawyer by your side you can relax, because they can solve the complicated issues and settle them on your behalf. They ensure good counseling regarding the problems such as substantial income, custody and child support, debts, and assets among others. The lawyer will try their best to turn the decision in your favor. 

Reduces stress: Hiring family attorneys from a family law firm can reduce your stress in difficult situations. Considering that your attorney will take care of everything, you can ease up and spend time with your dear ones, diverting your mind from the hectic process. You don’t need to do paperwork or documentation as the lawyer handles these things and does all the things in the right manner. All the legal work is done by the lawyers, giving you some time to relax and get yourself together. If you are in a tense situation like going through a divorce or property related issues, the transition will be handled smoothly with a family attorney assisting you. 

Minimum mistakes: The family attorneys are well-certified experts having an ample amount of experience in their field, minimum mistakes are done by them as they have substantial work experience behind them. Because, even small mistakes in the cases of family law can lead to consequences, thus there is no place for mistakes to be done by the family lawyers, and they even make sure that they do their job perfectly. In the case of property division some individuals make mistakes by either overestimating or underestimating the value of assets, which can result in financial harm, so the family attorney has to take of each and everything that can lead to huge losses. So, if you have a family lawyer behind you don’t have to worry because all the proceedings will be handled correctly by the family attorney. 

These pointers explain the significance of hiring family lawyers. The family attorneys can give you expert guidance and take care of the legal work in the case of divorce, adoption, or property related issues. Having a family attorney by your side reduces your stress and increases your chances of winning the case. To know more about family law firms follow us on Ourbis, Bing, and Showmelocal.

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5 Reasons Why You Need A Marriage Contract Or Cohab Agreement

At the beginning of your relationship, the last thing on anyone’s mind is the relationship failing. You are happy and in love right now and surely nothing will ever change that. Yet, people and relationships do change. Some people’s love and commitment for each other grows stronger.

When things go wrong and the relationship breaks down, stress ensues, and arguments seem unending. Most of the disagreements are about finances, who is getting what property, and how will the parenting arrangement work.

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Are Marriage Contracts & Cohab Agreements Enforceable?

One common misconception people have about marriage contracts and cohab agreements is they are hard to enforce should the relationship not endure. Problems with enforcing these types of agreements often arise when they were not created with the assistance of a qualified marriage contract and cohab agreement lawyer.

Some people assume all they must do is write out the agreement, get it notarized, and it is legally enforceable should the relationship end. Yet, this is not always the case.