The rise of short marriages, characterized by unions of relatively brief duration, has brought about a distinct set of legal considerations and implications within the Ontario and toronto family law framework when considering separation and divorce. In Ontario, short marriages encompass unions that terminate within a few years of their initiation, contrasting with traditional lifelong commitments. While no strict duration categorizes a marriage as short, it typically refers to unions of less than five years. This evolving trend prompts discussions regarding the legal rights of those seeking to ..read more

Introduction: Child custody disputes can be emotionally charged and legally complex, making it essential for parties and Toronto custody lawyers to have a comprehensive understanding of the law of parental decision-making in Ontario. This blog aims to provide a detailed overview of the key aspects of child custody laws in Ontario, equipping legal practitioners and potential clients with the knowledge they need to commence the process of navigating through child custody matters in Ontario, and in particular, Toronto. Types of Custody: In Ontario, child custody can be classified into two main ty ..read more

In the bustling city of Toronto, family law holds a paramount importance in prioritizing the best interests of children when dealing with parenting arrangements during and after a divorce or separation. We understand the significance of creating a stable, nurturing, and supportive environment for children. 1. Understanding the Best Interests of Children in Toronto Family Law: The “best interests of the child” principle, serves as the guiding light for parents and courts alike. The child’s needs, both emotional and physical, take precedence, and every effort is made to ensure their well-being r ..read more

The Office of the Children’s Lawyer in a family law court proceeding in Ontario acts as a third party investigator to ascertain the views and preferences of children and to assist parents in serious parental disputes related to decision making and parenting time. According to the Government of Ontario Office of the Children’s Lawyer (“OCL”) website, the Office of the Children’s Lawyer (OCL) is an independent law office in the Ministry of the Attorney General that delivers justice programs on behalf of children. Lawyers and clinicians whom are usually social workers are hired who act ..read more

What happens after you retain a family law lawyer? Well that depends on a large number of factors. Some factors include, the complexity of your case, urgency of matters you presented to the lawyer you consulted with, the style of practice of the lawyer you consulted with. Some other factors are the number of disputed issues, your relationship with your spouse or separated spouse and whether there is a possibility of resolving matters amicably, the reasonableness of your expectations about how you wish to resolve the various potentially disputed issues in your case, and of course any strategic ..read more

What is imputation of income as it relates to child support and spousal support obligations? Imputation of income is income that is attributed to a support payor or someone who has obligations to pay child or spousal support, when their income is expected by the courts to have been greater and some factor has reduced it, perhaps intentionally. For example, this could be the case where a support payor intentionally quits their job to reduce their income and therefore child support or spousal support obligations. This could also be the case when a support payor voluntarily retires or is voluntar ..read more

Happy Spring and Happy Norooz from all of us Toronto Family Lawyers at Separy Law PC! Spring is almost here! The snow has almost melted in Toronto and an end to the pandemic might be in sight. What a winter! For our Iranian friends and family, Norooz (Persian New Year) is almost here too on March 20, 2022 — a cultural celebration of the spring equinox, marking the beginning of spring and the rebirth of nature. Our Toronto Family Law firm and Toronto Family Lawyers celebrate Norooz and the beginning of the Iranian or Persian New Year! We are very happy to be able to say that we have done a lot ..read more

The treatment and enforceability of Religious Marriage Contracts and in particular, the Iranian Maher in Ontario or Canada, is a difficult topic for family law clients and Canadian counsel. The Iranian Maher, Mehr, Mehrieh or Mehryeh, is a formal pledge by the male spouse to pay the female spouse a number of gold coins (usually called Bahar Azadi Gold Coins) which is then noted in Iranian marriage certificates. The Bahar Azadi coin or translated as “the Spring of Freedom” coin also known as “Imami”, is an Iranian bullion gold coin minted by the Security Printing and Mi ..read more

This is an article which is meant to address the rules around moving or relocating with or without your children, if you are are separated or divorced and have children who are subject to a parenting arrangement with a former partner or spouse. Under fairly recently passed legislation or laws, you you must now under new laws enacted in Ontario, give a Notice of Relocation to your former partner or spouse 60 days before your planned move. When Do You Have to Give Notice? According to the Government of Canada, the Divorce Act and Moving Ontario Family Law Forward Act, have rules about ..read more

Marriage breakdown can be one reason a divorce may be granted in Canada and specifically in Ontario. Section 8 of the Divorce Act, provides that on application, by either or both parties, a court may grant a divorce on the ground that there has been a breakdown of their marriage. The section further states the following with respect to the establishment of a breakdown of the marriage as: Section 8(2)(a): the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the ..read more