Not necessarily. There are other options to resolve your dispute. Family law professionals including mediators, parenting coordinators, arbitrators, and collaborative family lawyers are able to assist in out of court resolutions.
Some of these professionals, such as mediators, are neutral – they will not advocate for either party but instead work on both parties’ behalf. Other family law professionals, such as collaborative family lawyers, provide an out of court solution while still ensuring that each party has their own advocate.
It is also important to understand that you are allowed to try... MORE »
Most Recent FAQs
Common law spouses are still legally entitled to spousal support, as long as they qualify as spouses under the Family Law Act. This act outlines that all spouses, even common law, are able to receive support.
Common law spouses are defined as partners who have cohabited continually for at least 3 years or more. If you and your partner have a child together, you may also qualify as common law partners as long as your relationship was somewhat permanent.
... MORE »
If you wish to change the amount of spousal support outlined in a separation agreement, you will have to show the court that there has been a “material change in circumstances.”
This threshold can be met by changes such as a remarriage of your partner, a change in income, a lapse in time over which your spouse should have become self-sufficient, or changes to your children’s circumstances.
If your separation agreement included provisions regarding any of these situations, you may still be bound by what it states. However, your separation agreement could... MORE »
If you or your spouse is entitled to spousal support, the amount that must be paid depends on a variety of factors. These factors include the incomes of the parties, the length of the parties’ relationship, the age of the parties, and the roles each party played within the relationship.
Other important factors include whether there was a marriage contract signed which outlined the amount of spousal support to be paid, and whether there were any special circumstances that occurred during the relationship that may affect the amount of support a... MORE »
The answer to this question depends on whether you are married or common law spouses. Married spouses have different rights than common law spouses. Married spouses who separate have an equal right to stay in what is referred to as “the matrimonial home”. This is the home and you and your spouse reside in before the date of separation. Unlike married spouses, common law partners do not have a legally recognized matrimonial home.
As both married spouses have an equal right to the matrimonial home, even if your partner is the... MORE »