The Family Law Act provides a framework for how assets and debt can get divided during a separation and/or divorce and is intended to make way for an equitable division of assets as well as providing financial security following the end of a relationship. This becomes especially important if there’s no marriage or cohabitation agreement in place. Before we dive into the exclusions from net family property in Ontario, let’s take a moment to review how net family property is calculated in 2024. How Do You Calculate Net Family Property and Equalization in 2024 in Ontario? In Ontario, “Net Family ..read more

Today more than ever, couples are choosing to cohabitate before getting married or opting not to marry at all.  What is cohabitation?  Cohabitation is when two unmarried individuals are living together.  Cohabitation offers a number of benefits: financial benefits, shared responsibilities, partnership, and more.  In addition to some of the benefits, it also brings legal implications that should be well-thought-out and thoroughly discussed between both individuals before making the big move.  One important document that can help clarify all expectations and protect both ..read more

Establishing a parenting plan can help you avoid conflict and go the extra mile for your child after a separation or divorce. You and your partner may use a parenting plan to determine more exact details regarding timing, location, and contact than a typical decision-making responsibility or parenting time agreement may provide. We spoke with family law lawyer Negin Sari from Gelman & Associates about establishing a parenting plan following a separation or divorce. Whether you are actively in the process of separating or wish to renegotiate later down the road, these 10 important subjects ..read more

Private pensions are a valuable component of retirement planning for many Canadians as they offer predictable income and financial security beyond the Canada Pension Plan CPP. In Ontario, private pensions hold significant value, making them complex assets to handle during divorce or separation proceedings. Here are some commonly asked questions from our clients during separation or divorce proceedings in Ontario. How Are Private Pension Values Calculated During Separation or Divorce Proceedings in Ontario? The Pension Benefits Act is a piece of legislation enacted in Ontario, Canada, that gove ..read more

The well-being of a child can be as important to a grandparent as it is to a mother or father. Although most cases dealing with access and decision-making responsibility (formerly custody) are brought by parents, a grandparent may also seek a parenting order. While Canadian law does acknowledge a grandparent’s right to request access to a grandchild, final decisions will vary on a case-by-case basis. We asked family law lawyer Negin Sari from Gelman & Associates for more information about grandparents and their role in decision-making responsibility over grandchildren. What Rights Do Grand ..read more

In Ontario, parental alienation is recognized as a serious concern that can negatively impact the parent-child relationship as well as the wellbeing of the child.  Alienating actions may be subject to legal consequences in Ontario, whether they have occurred deliberately or unintentionally in family law proceedings. Speaking to a family lawyer can help clarify what your rights are as a parent. Contact our family law lawyers at Gelman & Associates today to learn more about how parental alienation may be affecting your family. What is Parental Alienation? Parental alienation refers to a ..read more

Financial abuse is a serious matter and is recognized in Ontario as a form of family violence. Because it is not talked about as often as other forms of abuse, it can be hard to determine whether you have experienced it. Financial abuse may affect relationships between grandparents, parents, children, or romantic partners. It’s a form of abuse that encompasses a range of behaviours aimed at exerting control over financial resources, assets and decision making processes which subsequently hinders the equitable division of property and support obligations. What is Financial Abuse? Financial abus ..read more

The Collaborative Divorce Process Collaborative divorce refers to the process of spouses working together to settle the terms of their divorce outside of court. Collaborative divorce is voluntary and normally means that negotiations remain amicable and address the interests of both parties through joint agreements. The Collaborative Team A collaborative team is assembled upon the decision by a couple to proceed with a collaborative divorce. This team will help the couple to negotiate the terms of their separation cooperatively so that desirable outcomes for both parties can be reached. A colla ..read more

Not only can the stress of settling a divorce, separation, or parenting time negatively affect mental health, but pre-existing mental health conditions can play a critical role in family law cases. At Gelman & Associates, our lawyers can assist with family law cases and additional challenges introduced by mental health concerns. Contact us today to schedule a consultation. Mental Health in Canada Mental health can refer to one’s general mental well-being or a specific mental illness. According to the Canadian Mental Health Association: 1 in 5 people in Canada will personally experience a ..read more

There is a common misconception among separating parties that, when their children are “old enough,” they will be able to decide which parent to live with. Well – this is not exactly how it works. In short: a child’s views and preferences are one of several factors the courts will consider and weigh in determining the parenting arrangement. In both s. 24(3) of the Children’s Law Reform Act, the legislation governing unmarried parties, and s. 16(3) of the Divorce Act, the legislation governing married parties, the legal test for where the child will reside is: what is in the best interest of th ..read more