Family Law Attorneys in Ottawa, ON

Can I Resolve the Separation Without Going to Court?

Of course. You are not required by law to go to court to finalize a separation agreement. The team at AGB Lawyers call help you explore your legal options, including collaborative law.

Do Common Law Spouses Have the Same Rights as Married Spouses?

Although they have many of the same rights when it comes to child custody and spousal support, they do not have the same rights concerning property. How your assets are divided will depend on your marital status.

What Happens to My Assets?

Under the Divorce Act and Family Law Act, divorcing couples are subject to general rules concerning the division of assets. However, there are exceptions for property in certain situations. Thankfully, the team at AGB Lawyers is here to help you navigate the division of assets.

We Don’t Have a Cohabitation Agreement—What Happens to Our Assets?

If you and your partner don’t have a cohabitation agreement and one of you passes away, assets typically go to close blood relatives, such as children, siblings, and parents. In order to claim all or part of the property, you’ll need to go to court with proof that you helped pay for the items. It’s important to remember that this process quickly becomes expensive, and signing a cohabitation agreement or clear will is in your best interest.

Can We Get a Marriage Contract After Our Wedding?

Yes. Couples may still draw up and sign a marriage contract after they are legally married. This contract must be in writing, and it’s always a good idea to have an attorney from a local family law center review the document.

How Is Custody Different From Access?

Custody implies decision-making power over a child, while access has more to do with a child’s living arrangements. If a parent only has access to a child, they’ll be able to spend time with them, but they won’t necessarily have any right to make decisions about the child’s health or education.

If We Share Custody, Is Child Support Required?

Even in cases of shared custody, child support is often required.

Can Common Law Partners Get Child Support?

Ontario child support laws allow both marital and common-law spouses to receive and pay child support. Non-biological parents may also be required to pay under some circumstances.

How Is Child Support Decided?

Child support is decided based on the gross annual income of the parent being required to pay. Each province has its own table that determines how much a parent pays. In Ontario, a parent with one dependent child and a gross annual income of $40,000 will pay about $359 per month in child support.

When Will My Child Support Payments End?

Eighteen is the minimum age when child support payments may end. However, they do not end automatically, and continued payments will depend on a variety of other factors. Things such as disability, education, and the child’s marital status help determine whether you still need to pay child support past the age of 18.

What Are My Legal Options If I’m Not Receiving Child Support?

If you aren’t receiving your scheduled child support payments, there are several courses of action you can take. Those who file their support orders while the Family Responsibility Office (FRO) have some extra assurance that their payments will come through in a timely manner. Couples who withdraw from the FRO may take legal action if support is not paid. The team at AGB Lawyers will educate you on these options:

• A default hearing
• Wage garnishment
• Writs against the payor’s property
• Registering in the support order as a charge on the payor’s home or other property

Am I Entitled to Spousal Support?

This answer depends on an array of different factors. Marriage, role in the relationship, age, and income will all be considered when deciding spousal support.

How Long Do I Need to Pay Spousal Support?

Again, it depends on a variety of factors. In general, age, length of the relationship, and children are considered when deciding on the number of spousal support payments. The courts also take into account the ability (or inability) to work and support oneself.

Do I Get Spousal Support After I Remarry?

If you end up remarrying, spousal support can get thrown into question. However, remarriage doesn’t automatically mean you’re no longer entitled to support. Our spousal support lawyers will help you reevaluate your agreement and decide the next steps.

What Role Does a Family Law Attorney Play?

Divorce lawyers play a pivotal role in matters concerning child custody and property division. They act as the support system for the client and help them navigate the complicated Ontario legal code. If you’re looking for an affordable family law attorney, AGB Lawyers is here for you. We serve families in Ottawa, helping them better understand divorce separation agreements and other family law matters. Contact us today to schedule a consultation at no charge.