Family Law
Family Law is a complex area of a law with ongoing relationships at its heart. At W&P Law LLP we understand that preserving those interpersonal relationships, particularly when children are involved, is important to ensure your family unit continues to function even if it may look different than before.
Family Law can be divided into four broad areas:
When a relationship breaks down, the issues are immediate and cumbersome. There may be many changes happening all at once such as moving, changes in childcare, financial strains and impacts on employment. This may be exacerbated if there are additional links between separating spouses such as a family business, a child with special needs, language or cultural barriers, and elder care.
Immediate issues may include:
- Division of parenting time and obligations arising from the care of children
- Financial Support – spousal and child;
- Education, activities or daycare expenses;
- Maintenance and ongoing financial supports for the family home (the matrimonial property);
- Relocation and sale of family property which may include the family home; Division of property, assets and debts (equalization);
- Pets and animal care;
- Mobility and relocation issues; and
- Divorce.
Regardless whether the decision to separate was made mutually or not, this level of objectivity is difficult. This is particularly true while navigating the financial and emotional hurdles of a recent separation.
We are here to help you navigate these issues. We work to help you maintain your boundaries, recognize your needs, and satisfy the processes of the legal system to secure your result. We can work with you on preparing the required information to be shared, negotiate and draft an Agreement or commence a court Application as needed.
At W & P Law LLP we look to assist in the most cost effective and practical ways possible. We can also assist you with a simple, uncontested divorce, provide independent legal advice (“ILA”) on Agreements prepared by other lawyers, or assist you in preparing an agreement based on settlements reached in mediation. No matter what process you use to reach a conclusion of your matter, W & P Law LLP will be there every step of the way to support you.
Important Note for all parties: The clock stops for no one. It is important to recognize that limitation periods or deadlines may have an impact on your legal rights.
Regardless of your situation it is almost always beneficial to speak to a lawyer early in the process to understand the timelines involved and what options may be available to you.
Despite best efforts, time changes family dynamics and the needs of children. It is not uncommon for parties to need to revisit their agreements in the event of significant changes in their lives and as their children grow. Sometimes those changes mean further conflict can arise.
Such future changes could include:
- Changes to the Parenting Plan;
- Mobility (one party wants to move with the child);
- Updating Child Support;
- Extraordinary and Special Expenses (also known as Section 7 Expenses);
- Variation or termination of Spousal Support; and
- Post-secondary education expenses for children.
If you are faced with a change that evolved over time and now requires alterations to an Agreement or Court Order we can help you navigate that change. This could be accomplished through negotiating a modification of your Agreement or commencing a Motion to Change before the Court.
Important Note for all parties: The clock stops for no one. It is important to recognize that limitation periods or deadlines may have an impact on your legal rights.
Regardless of your situation it is almost always beneficial to speak to a lawyer early in the process to understand the timelines involved and what options may be available to you.
You may commonly have heard them referred to as “pre-nuptial agreements” or “pre- nups”. However, in Ontario we call them Domestic Agreements, and they can apply to legally married or unmarried parties. It is noteworthy that you do not need to sign them before the change in your situation. In other words, you can enter into a Domestic Agreement after the wedding or after moving in together as the case may be.
Some examples of Domestic Agreements:
- Cohabitation Agreements;
- Marriage Contracts;
- Estate Planning Agreements.
Typically these agreements are drafted to address assets that each party brings into the relationship, how future expenses will be paid, or to limit a claim to spousal support. We often see such agreements where one party has a successful business or owns real property prior to the relationship and wants to protect those assets in the event of a separation.
For example, when parties are purchasing a home together, but one party is contributing significantly more to the down payment, an agreement could ensure they see the return of that investment before any other equity is divided. Otherwise the law will presume that joint owners share equally in the equity, regardless of their financial contributions.
If you are entering into a new relationship and would like to discuss how your financial future could best be protected please contact our office. We work diligently to protect your finances while also respecting the delicate nature of such negotiations in not overshadowing your current relationship.
Important Note for all parties: The clock stops for no one. It is important to recognize that limitation periods or deadlines may have an impact on your legal rights.
Regardless of your situation it is almost always beneficial to speak to a lawyer early in the process to understand the timelines involved and what options may be available to you.
At W & P Law LLP we know that not all families look the same. It is not uncommon for extended family members to step in to support parents who are struggling to ensure the children have the best care possible.
Some examples include:
- Adoptions;
- Grandparent contact, particularly after the death of a parent; and
- Childcare Agreements with family members who may not be a parent.
Regardless of your family’s particular situation, we are here to help guide you to a resolution.
Adoptions are a key part of ensuring that children from blended or alternative family structures have the same security and legal protections as those with biological connections. W & P Law is happy to assist families in navigating the adoption process, or to provide legal advice regarding this important change in legal status to the adopting or biological parents(s).
Family Law in Ontario is grounded in key legal principles but is applied to your particular situation. One particular fact may alter how the legal system will determine a result. At W & P Law LLP we listen to your story. We are adept at assisting our clients in navigating the legal system, highlighting those key facts and driving our clients toward a fair result for their family.
In person, home, telephone and online appointments are all available to assist our clients when and where is convenient for them.
Important Note for all parties: The clock stops for no one. It is important to recognize that limitation periods or deadlines may have an impact on your legal rights.
Regardless of your situation it is almost always beneficial to speak to a lawyer early in the process to understand the timelines involved and what options may be available to you.