A separation agreement is a written contract between two individuals who are planning to separate (or have already separated) and can be used by both married and unmarried couples. There are many advantages to creating a separation agreement versus going through the traditional court process. Negotiations during or leading up to a separation agreement are simply discussions that the parties have with each other in order to settle their matters. It is always a good idea to have a  lawyer present when negotiating the terms of your agreement, to ensure your rights are protected. It also is n ..read more

One of the first steps in negotiating a family law agreement is the exchange of financial disclosure.  If you’re in the process of separating, you have probably told your lawyer that one of your main goals is to get the process “over with” as quickly as possible.  However, sacrificing full financial disclosure for the sake of expediency can have serious consequences. Although it can be time-consuming, financial disclosure is a necessary step to ensure that both parties understand fully the consequences of their agreement.  Although parties have a right to contract outs ..read more

Divorce is an incredibly stressful experience for all involved, especially children. It can be incredibly confusing and difficult to deal with for the kids involved and can affect them in a variety of ways, although kids can come out as better able to cope with stressful situations and can grow up to be more flexible and open-minded adults. Some of the most important things parents can do when helping their children through divorce are: Keep visible conflict, heated discussions, and legal talk away from your kids Minimize the disruptions to your kids’ daily routines Confine negativity and bla ..read more

Is child support tax deductible? No.  Child support paid pursuant to an Agreement or Court Order is not tax deductible to the payor, which also means that it is not considered taxable income for the recipient.  The tax implications can be significant if, for example, the support payor and recipient find themselves in different tax brackets.   Is spousal support tax deductible? Maybe. Spousal support is tax deductible by the payor and included in the recipient’s income only if it is paid on a periodic basis (i.e. monthly).  Additionally, the payment must ..read more

If you are separating from your spouse, the issue of Spousal Support, or “alimony” as many people commonly refer to it, is an issue that may need to be resolved. The Spousal Support Advisory Guidelines provide a reference for calculating the amount and duration of your spousal support. However, before looking at “how much spousal support?” the first question that must be asked is, “is there entitlement?” Entitlement to spousal support is a legal concept, and entitlement can be established in one of two ways; on a “compensatory” basis, or a “non-compensatory” (or “needs” basis). In some cases ..read more

Separation is rarely an easy decision or journey to experience. The reality is that divorce and separation rates around the world are steadily increasing. In your own friend or family circle, you may have heard of those who have gone through a separation or divorce. If you or your spouse have decided to go through a separation, here are a few steps that may be involved during the process to help you get through this challenging time.  Your Living Situation In many situations, the conflict that arises due to daily interactions and a difference in opinion and living styles is one factor tha ..read more

When facing a family law issue, many people debate whether or not to hire a lawyer. Just this week, we came across a post on social media stating that you should never involve a lawyer in your separation; that remaining amicable and using “common sense and maturity” is the best way to go.   While it goes without saying that remaining amicable and mature will result in a much more positive outcome for you and your spouse, this “advice” suggests that spouses who use lawyers are “immature” or do not use common sense.  Clearly, this is not the case.   Family law encompasse ..read more

We know that “first impressions” can impact how we are perceived in our personal lives, work lives, and in public.  Just as though you may think about what you will wear to court in putting your best foot forward, you may also want to think about what your social media profile says about you.  Although this is true for anyone, it is particularly important if you are about to engage in litigation.  Increasingly, we are seeing things like Facebook postings, dating site profiles, and Instagram photos being produced in court, and a judge referring to them.    Once you ..read more

Even in the best of situations, going through a divorce or separation is never easy, and the process can be both challenging and stressful.  The following are some commonly made mistakes to avoid when : Making Big Decisions Before Consulting A Lawyer It is crucial that you consult with your divorce lawyer before making any major decisions, and ideally, before you begin any settlement discussions with your spouse.  Sometimes separating spouses just want to get the matter “over with”, which can lead to rushed decisions, and regretting the outcome. Making A Separation Agreement On Your ..read more