What should I bring to my first consultation?
Bring any information you think is relevant to your case, such as financial documents, court orders, or correspondence. Our team knows the law, but you are the expert in your own case.
How are legal fees structured?
At Mahogany Law, we provide legal services on an hourly basis for most services.
How long does a typical family law case take?
Length of a case can vary. Depending on where you are located, it can take weeks, or even months to get a Court date. If both parties reach an agreement, the case can be resolved sooner. However, if parties cannot agree, a case can continue for months or even years before it gets to a trial. It is important to have a lawyer who is focused on moving your case forward towards the best possible result.
How is child custody decided in Ontario?
Custody is now referred to in Family Court as decision making. When you speak to your lawyer, you might hear this term used instead of custody. Regardless of the term used, it refers to major decisions for the child.
Normally, parents are assumed to have joint decision making in the absence of a court order or agreement by the parties. As part of your case, many factors are considered when deciding decision making in Ontario. The test to determine decision making is the best interests of the child.
What is the difference between sole custody, joint custody, and shared parenting?
Sole decision-making gives one parent full authority over major decisions regarding the child, such as education, health, and general well-being. Joint decision-making requires both parents to jointly agree on major decisions. Shared parenting refers to the parenting time shared between the parents.
Normally, parenting time and responsibilities are divided more equally between both parents. With both parents typically having children in their care for at least 40% of the time. To determine how this affects your case, you should meet with a lawyer to discuss.
How is child support calculated?
In Ontario, child support is calculated using the Federal Child Support Guidelines, considering the paying parent’s income, number of children, and parenting time arrangement.
Can child support payments be modified over time?
Yes, child support payments can be modified if there are significant changes in circumstances, such as income, the child’s living arrangements, or needs. If you need to get your child support payments changed, contact the office for a free consultation to discuss.
What happens if one parent fails to comply with a custody or support order?
If a party does not comply with an Order for parenting time, decision making, or support, legal remedies such as enforcement through the Family Responsibility Office or court intervention may be pursued to ensure compliance. If you have a Court Order, but the other parent is not following the Order, you have a number of options. Contact the office for a free consultation to discuss.
What is the purpose of a prenuptial agreement?
A prenuptial agreement can also be called a cohabitation agreement or marriage contract. This document typically defines how property, finances, and spousal support will be handled in case of separation, protecting each spouse’s interests and reducing potential conflicts.
How do I create a cohabitation agreement in Ontario?
To create a cohabitation agreement, consult a family lawyer to draft a legally binding document outlining property, finances, and support arrangements. Both parties must sign it voluntarily. It is advisable to get independent legal advice from a lawyer prior to signing.
What should be included in a separation agreement?
A separation agreement should address property division, decision making for children, parenting time, child and spousal support, and other financial matters, ensuring both parties’ rights are clearly defined and enforceable.
How is property divided between spouses in Ontario?
In Ontario, property is divided through the equalization process, where each spouse’s net family property is calculated, and the spouse with the higher amount pays the other half the difference. Net family property is the value of assets acquired during marriage, minus debts and pre-marriage assets, excluding inheritances or gifts and some other exceptions.
What is equalization of net family property?
Equalization ensures fair sharing of financial gains during a marriage by comparing each spouse’s increase in net worth. The spouse with more pays the other half the difference as an equalization payment.
Are inheritances or gifts included in property division?
Inheritances or gifts received during the marriage are typically excluded from property division if kept separate from shared assets, however, some exceptions to this can apply. If you have an inheritance to protect you should contact the office for a free consultation to learn more about your rights.
Can spouses opt out of Ontario’s property division rules?
Spouses can opt out of some of Ontario’s property division rules by creating a marriage contract or separation agreement that outlines specific terms, provided both parties understand and agree voluntarily with independent legal advice.
What is the difference between mediation, arbitration, and litigation?
Mediation is a voluntary process where a neutral third party helps spouses negotiate solutions. Arbitration involves a private arbitrator making binding decisions on disputes. Litigation occurs in court, with a judge resolving issues. Mediation promotes cooperation, arbitration offers privacy, and litigation provides a legally enforceable resolution but is often costlier and adversarial.
Can family law disputes be resolved without going to court?
Yes, family law disputes can be resolved without court through alternative methods like negotiation, mediation, or collaborative family law. These approaches are often faster, less expensive, and less adversarial, allowing couples to reach mutually acceptable agreements on issues like custody, support, and property division while maintaining greater control over the outcome.
What can I do if I need immediate protection from my spouse?
If you need immediate protection, contact the police or the appropriate law enforcement or emergency services in your jurisdiction. If you need to seek an emergency restraining order through the court, there are several options – including a Restraining Order.
Shelters and support services can provide safety and legal resources. It is important to have safety planning before taking action, if you believe that you could be at risk.
How do restraining orders work in Ontario?
A restraining order prohibits contact or proximity between you and the other person. It’s obtained through family court, offering legal protection against harassment or harm.
What steps should I take if my partner refuses to return my child after parenting time?
Contact the police and file an emergency court application for the child’s return. Courts can enforce custody and access orders promptly.