A Strong Family Lawyer Will Protect You
Family Law is a wide field that can encompass everything from living together or pre-marital steps, to divorce, custody access and schedules, determining finances and the division of property. At Noohi Law, our team has the skills to guide you through the necessary legal steps as you transition into any one of these situations. Whether things are just starting or coming to an end, let us help you make informed decisions.
Cohabitation and Marriage
Marriage and Cohabitation Contracts are documents created between married or unmarried spouses that include everything from the organization of financial affairs to agreements on what will occur if the relationship breaks down.
Hiring Noohi Law means you can be certain that your agreements will clearly outline your obligations as you intend them and ensure that you understand your rights and obligations under the agreement. Since these documents are generally drafted at a time when the relationship is solid, having an experienced legal team provide you with guidance will ensure that your interests are well protected in the event of a break down in the relationship.
Divorce releases both partners from marriage, thereby allowing them to remarry. It is often an emotional and difficult process for both spouses.
In Ontario, a married couple qualifies for divorce if they have been separated for one year, if one partner has been subjected to mental or physical cruelty, or if there is proof of adultery. The court must grant a divorce decree, which is proof that the marriage has ended. It is a necessary document for either of the former spouses who intend on getting remarried.
At Noohi Law, we will answer any questions you have and explain your rights and obligations in determining the elements of your divorce. Oftentimes, the divorce itself is not the cause of problems, but rather, it is elements like the division of property and custody access that fuel contentious disputes. Having lawyers handle these matters can provide a more neutral tone for negotiations and bring this matter to a resolution more effectively.
During divorce or separation, most property (excluding gifts and inheritance) is “equalized.” While the law provides a general formula to determine the entitlement of each spouse based on the family’s assets, it can become more complicated when assets are not fully disclosed, assets are hidden, or difficult to valuate, etc. At Noohi Law, we can provide you the assistance you need to obtain correct information from your spouse, and ensure that the calculations reflect the true value of your assets.
Child Custody and Access
Child custody and access determines how much time the children spend with each parent. It determines with which parent the children will live, visiting arrangements with the access parent, the length of time they can stay with each parent and other arrangements such as holidays. Depending on the type of relationship you and your spouse have at the time of separation, this can be as detailed or as vague as necessary. Common arrangements include: sole, joint, split, and shared custody.
The general approach is to apply the maximum contact principle that encourages each parent to spend the most amount of time with the child. However, courts are ultimately concerned with the child’s best interest in weighing of factors. Additional factors that are determined through the legal process might include costs of education religious beliefs, costs of medical treatment, and costs associated with extra-curricular activities. If the spouses cannot come to an agreement, then a judge will make a decision based on the information provided in court. The agreement must be clear and enforceable so that each party’s obligations are easily understood, and having the Noohi Law team in your corner will help protect your children’s rights.
Child Support & Spousal Support
Child and spousal support often form an important part of a divorce or separation agreement. This is a protection provided by law to spouses and children, to ensure that the breakdown of the family unit does not have an unfair financial impact on the more vulnerable family members. Child support payments are based upon the Table Amount pursuant to Section 3 of the Child Support Guidelines as per the Family Law Act. Under Section 7 of the Act, a parent or spouse is entitled to pursue a claim for special or extraordinary expenses, both of which have their own legal requirements. Elements that can complicate child support calculations can include an individual’s very high income, hidden income, and place of residence. An experienced lawyer can explain your child support entitlement, and any additional expenses you might require.
Spousal support, on the other hand helps make sure each spouse can become self-reliant. Paid as a lump sum or in periodic instalments, the law takes into account assets, length of relationship, and any prior agreements, but not the cause of the end of the marriage. Support payments are not made to be punitive, but simply to allow the lower-earning spouse to become economically self-sufficient over time.
The calculation of these amounts can be complex, with many hidden or disputed factors. To ensure that these arrangements are equitable, make sure you hire an experienced divorce lawyer to represent you and your child’s interests.Social share: