Fresh Legal
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Fresh Legal's team supports clients through various family life stages, offering both legal information and advice. Advocating for clients' best interests, they cover separation, prenuptial agreements, adoption, child protection, and estate planning. Trusted guidance for families' legal needs.
Fresh Legal
6M ago
People often want an amicable divorce, but they don’t know where to start. It’s easy to lose control of the process when lawyers and judges take over. This can get expensive (and unpleasant) quickly, and they can lose sight of what’s important to them.
We help couples separate amicably and avoid the time, expense, and pain of going to court.
When couples work with us, they reach a custom separation agreement that meets their needs, whatever their family looks like. With our support and expert guidance, they stay in control of their family’s future and make a fresh start with a renewed sense ..read more
Fresh Legal
10M ago
It’s that time of year again! As we think about our goals for the coming year, we encourage you to add the following to your list if you are a separated parent.
Update your Will and Powers of Attorney (or do them for the first time). These are some of the most important documents you can have. Your Will sets out what you want to happen with your estate and your children after you pass away. Your Powers of Attorney give someone authority to deal with your property if you’re incapacitated, and to make personal care decisions for you. Chances are, you’ve changed your mind about many of these thin ..read more
Fresh Legal
11M ago
Prenuptial agreements are becomingly increasingly common. You may be getting money from your parents or from an inheritance that you want to protect, or you may have bought a house or built a business.
1. Do we both need our own lawyer? Why can’t we use the same lawyer?
Even though it may seem like you and your spouse are “on the same side”, you may each be giving up rights and changing your obligations to each other. Because of these competing rights and obligations, a lawyer cannot advocate for both of you. You each need your own lawyer to provide you with legal advice.
2. How much will it c ..read more
Fresh Legal
11M ago
In Ontario, we refer to "prenuptial agreements" as "Marriage Contracts" or "Cohabitation Agreements". We can assist with writing your agreement, or can provide you with independent legal advice on an agreement another lawyer drafted.
How do we help?
We can draft contracts and provide you with independent legal advice. We will help you understand your rights and obligations, and customize your agreement to work for you. The law says what will happen if you separate, but you might not like it, or might want more certainty. That’s where a contract comes in.
Why would I wan ..read more
Fresh Legal
11M ago
How do I apply for a simple divorce in Ontario? Before You Start:
You must apply in the jurisdiction where you or your spouse lives.
We can help you obtain a divorce in any jurisdiction in Ontario! There is no need to come to our office. You will sign all documents electronically.
You will require an original government issued Certificate of Marriage. If you were married in Ontario, you can order one online. If your Certificate is not in English or French, you will need to have it translated.
If you have children, you must have agreed upon decision making and parenting time for your ch ..read more
Fresh Legal
11M ago
When a marriage ends, the spouses’ property is divided in a process known as equalization. The property to be divided is known as the “net family property”. The value of the property is determined as of the date known as the “valuation date”.
What is the “valuation date”?
The Family Law Act defines “valuation date” as the earliest of the following dates:
The date the spouses separate and there is no reasonable prospect that they will resume cohabitation.
The date a divorce is granted.
The date the marriage is declared a nullity.
The date one of the spouses commences an application base ..read more
Fresh Legal
11M ago
The law can be slow to keep up with changing social circumstances and scientific advancements. An example of this can be seen with families and the use of Assisted Reproductive Technology (ART), which disproportionately affects the queer community.
The Children’s Law Reform Act (CLRA), Vital Statistics Act, and Child, Youth, and Family Services Act (CYFSA) govern parentage, adoption, and parenting, including decision-making and parenting time after separation. Historically, children could have only one mother and one father, and both unmarried spouses and children born outside of marriag ..read more
Fresh Legal
11M ago
What is adult adoption?
In Ontario, a person may be adopted at any age. Adult adoptions are generally adoptions of people aged 18 and older. However, in some circumstances, a person as young as 16 years old may qualify for an adult adoption.
Why are adults adopted?
The legal status of parenthood has important implications for wills, income taxes, and the obligation adult children have to take care of their parents under the Family Law Act. Adult adoption has the same impact on the parent-child relationship as the adoption of a minor. It creates a legal parent-child relationship between t ..read more
Fresh Legal
11M ago
The short answer? No.
It doesn’t matter if you are married or common-law, if your spouse “abandons” you, they really are not doing anything legally wrong. While it may feel morally wrong, your spouse isn’t breaking the law and they aren’t going to be punished for it.
A Little Legislative History
“No-fault” divorce (meaning neither spouse has to prove the other did something “wrong”) became law in Canada in 1968 when the Divorce Act was amended to allow for a divorce if the spouses had been separated for at least three years. Prior to 1968, the only grounds for divorce in Cana ..read more
Fresh Legal
11M ago
Where do you start after deciding to separate?
The decision to separate is significant and can be overwhelming. It can seem like there are a million things to decide and to do, and this can be paralyzing. Often clients ask us, "What can I do right now?"
Every situation is different. The first step towards reaching an agreement or going to court may be different from person to person and family to family. For example, a family with children will have different considerations than one without children. However, there are some things that almost everyone needs t ..read more