Ontario Family Law Blog Articles

Online Resources for Separating Families

By Valerie L. Brown of Brown Law Firm Professional Corporation

laptop keyboardSeparation is not something people plan to do.  People plan to buy a house, to get married, to have children.  They can mentally and financially prepare for these events by doing research, saving etc.  However, for many people, separation is unexpected and unwelcome, and it thrusts them into a state of uncertainty…about everything! Many don’t know where to even begin. Continue reading

How do I get my Spouse out of the House?

By Valerie L. Brown of Brown Law Firm Professional Corporation

A spouse may mean either a married spouse or a person with whom you have cohabited in a conjugal relationship for 3 or more years (more commonly known as “common law”).

If you are a married spouse, you have an automatic right to reside in the habitual residence, regardless of who actually owns the house. To “evict” a married spouse, you will require a court order for exclusive possession. This will depend on several things, including the financial ability of either spouse to leave the home, conflict, and the best interests of the children. Continue reading

Online Divorce has Arrived in Ontario…sort of

By Valerie L. Brown of Brown Law Firm Professional Corporation

If you live in Peel Region, Hamilton, Ottawa, or Toronto and you (and your ex) want a divorce, then you may wish to consider filing for your Divorce online!  The Ministry of the Attorney General is running a pilot project in these areas for the filing of Joint Applications for Divorce.  Such Applications cannot deal with other issues, such as children’s issues, or financial matters. Continue reading

Annual Child Support Adjustments

By Valerie L. Brown of Brown Law Professional Corporation

By now, most people will have filed their taxes and have received their Notices of Assessments setting out their income for the past year.  For separated and divorced parents, this often means sending a copy to the ex-spouse to review and adjust child support. For some, this can mean unwanted contact and conflict, or the hassle of financial disclosure and paperwork. Continue reading

Your Rights and Obligations Towards the Matrimonial Home

By Valerie L. Brown of Brown Law Firm Professional Corporation

There are many separating spouses that are able to make decisions regarding their family’s future together in a timely and amicable manner. Some are able to do this cooperatively and without the assistance of lawyers or mediators. Others need some assistance. The result is a plan going forward which is usually incorporated into a Separation Agreement. Both spouses participate in the negotiation of the Agreements and retain control over the outcome.

However, when one or both spouses are unable to act reasonably, discuss issues, and work together to resolve those issues even with the assistance of lawyers and mediators (and even financial and family professionals,) it may be necessary to have a judge or arbitrator make decisions for them. This can significantly delay resolution of important issues, sometimes for years. Continue reading

The Role of Adultery in Divorce

By Valerie L. Brown of Brown Law Firm Professional Corporation

One of the surest ways to end a marriage is for one of the spouses to engage in an extramarital affair. It is a breach of trust that spouses may never be able to forgive, and certainly forget. Some spouses are able to work through the emotional aftermath of an affair and continue with their relationship. For others, it is the death knell of their marriage.

While it is clear that an affair will affect spouses emotionally, it is important to understand that an affair will not necessarily play a role in the spouse’s divorce. Continue reading

The Risks of Failing to Provide Financial Disclosure or Participate in Legal Proceedings

By Valerie L. Brown of Brown Law Firm Professional Corporation

Separation can be extremely emotional and devastating to one or both of the spouses involved, regardless of who may have decided to end the relationship, or why. However, it’s in the midst of this emotional turmoil that spouses are expected to make the most important and life-altering decisions for themselves and their children. Spouses cope in different ways, and are very seldom at the same stage of acceptance of the separation when making these important decisions. Continue reading