The breakdown of the marriage is the primary ground for spouses seeking a divorce. The Divorce Act establishes that a breakdown of the marriage is established if the other spouse has committed adultery. Apart from being included as a basis for seeking a divorce, adultery itself is not directly relevant to most proceedings, as Canada... View Article The post Does Adultery Permit a Spouse to Seek a Larger Equalization Payment? appeared first on Johnson Miller Family Lawyers ..read more

In Canadian family law, the “best interests of the child” principle reigns supreme when determining issues involving children. This guiding principle serves as the cornerstone for all court decisions regarding decision-making responsibility, parenting time and other child-related matters arising from separation and divorce. This principle is enshrined in the federal Divorce Act and provincial legislation,... View Article The post The Paramount Principle: Best Interests of the Child appeared first on Johnson Miller Family Lawyers ..read more

Non-compliance with a court order comes with serious consequences. For instance, a party may not be permitted to obtain relief from the courts while they are in breach of an order, and judges have the discretion to stay or strike the pleadings of the defaulting party. However, when parenting issues are in dispute, which must... View Article The post Can Courts Strike a Party’s Pleadings When Parenting Issues Are in Dispute? appeared first on Johnson Miller Family Lawyers ..read more

Parents have the responsibility to make child support payments to meet the child’s financial needs. When a payor falls behind in their payments, the accumulation of support arrears is detrimental to the child and can result in financial stress for the other parent. Yet, support payors may find themselves in situations where they cannot make... View Article The post Can Support Arrears be Cancelled if the Payor’s Health Impairs Their Employment? appeared first on Johnson Miller Family Lawyers ..read more

When parties negotiate domestic contracts, it is important to ensure that each person fully understands the agreement, including their rights and responsibilities. As such, obtaining independent legal advice (also referred to as “ILA”) ensures that each party is aware of the legal and financial consequences that flow from signing the agreement in question. While it... View Article The post Independent Legal Advice Helps Ensure a Fair Bargaining Process appeared first on Johnson Miller Family Lawyers ..read more

In family law cases, costs are generally awarded to the successful party at trial and are governed by Rule 24 of the Ontario Family Law Rules. In the recent matter of Sroor-Hernandez v. Gutierrez-Aguirre,  Johnson Miller Family Lawyers represented a client in a contested family law matter focused on the entitlement, quantum and duration of... View Article The post Court Refuses to Award Costs Following Husband’s Deliberate Disregard of Court Orders appeared first on Johnson Miller Family Lawyers ..read more

Lower courts are crucial in determining spousal support, often involving complex legal and emotional considerations. Trial judges carefully weigh factors like the length of the marriage, each spouse’s earning capacity, and their respective contributions to the marriage. However, regardless of a court’s effort to achieve the fairest solution, it is not uncommon for one party... View Article The post Deference in Spousal Support Decisions appeared first on Johnson Miller Family Lawyers ..read more

Navigating family law issues can be an emotional and challenging experience, particularly regarding parenting time and decision-making responsibility (formerly known as child custody and access). In Ontario, this area of law is well-established and centres on making decisions that are in the best interests of the child or children of the marriage. Accordingly, it is... View Article The post Parenting Time and Decision-Making Responsibility in Ontario appeared first on Johnson Miller Family Lawyers ..read more

Family law is often characterized by its intricate interplay of emotions, relationships, and legal intricacies. However, at the core lies the fundamental principles of fairness and equity, which are particularly important in financial matters. Amidst the emotional turmoil involved in a separation or divorce, questions and disputes often arise regarding the division of assets, liabilities,... View Article The post Navigating Financial Disclosure Requests in Family Law Proceedings appeared first on Johnson Miller Family Lawyers ..read more

If divorcing parties have a pension, they may need to consider the treatment of survivor benefits to complete the equalization of net family property. These benefits are financial entitlements that have value for the recipient. However, courts have had to decide whether such entitlements constitute property and whether evidence is required to establish that the... View Article The post How Should Survivor Benefits Be Treated In Equalization? appeared first on Johnson Miller Family Lawyers ..read more