Mediation: Why You Still Need a Lawyer

Mediation: Why You Still Need a Lawyer

In mediation, parties hire a neutral person to facilitate a conversation between them, with the goal of reaching an agreement.  Your spouse might tell you a lawyer will only cause conflict and cost money.  Your mediator likely already provided you with the legal information you need to reach an agreement. So why do you need to hire a lawyer when you’re not fighting? 

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Divorce and Real Estate

Divorce and Real Estate

One of the most significant decisions after a separation is where each person will live, and whether that new home will be purchased or rented.  If the couple owns the home they live in, there are also questions about whether it will be sold or if one spouse will keep it, and how the price and sharing of the proceeds is determined. There are a number of things to keep in mind when deciding whether to buy, sell, or rent during a separation.

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Parenting After Separation: Parenting Coordination

Parenting After Separation: Parenting Coordination

In some cases, even after parents have obtained an order, arbitration award, or entered into a separation/parenting agreement, high levels of conflict can remain. This conflict can make it exceptionally difficult for parents to work together. In situations where parents cannot agree on a parenting decision, they can turn to a parenting coordinator to assist them in resolving their disputes. In this post we will discuss what parenting coordination is, and how a parenting coordinator may be able to assist you.

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Changing Your Child’s Name After Separation/Divorce

Changing Your Child’s Name After Separation/Divorce

If you are considering applying to change your child’s name, there are several things that you should take note of. In this post, we will discuss how your custody order or agreement affects the steps you must take to change your child’s name, including whether you need consent, who you must notify, and the factors the court will consider if they are asked to decide the issue.

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Court Procedure: Motions to Change

Court Procedure: Motions to Change

One or both of the parties' situations may change significantly after a court Order is made, and the terms may no longer reflect reality. When this happens, it will be necessary to bring a Motion to Change.  The procedure for Motions to Change is set out in Rule 15 of the Family Law Rules. In this post we will answer some frequently asked questions about this procedure.

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Child Support: Support for Step-Children, Part 1

Child Support: Support for Step-Children, Part 1

When parents move on to form new relationships, their new spouses can sometimes assume the role of parent to a child from the previous relationship, even though they are not the biological parent. This is known in law as standing "in loco parentis" which means "standing in place of a parent." In these situations, a parent-child relationship can form, which may give rise to an obligation to support that child. 

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Spousal Support: A Primer on Entitlement, Amount and Duration

Spousal Support: A Primer on Entitlement, Amount and Duration

The law generally views spousal relationships (whether married or common-law) as financial partnerships. When this relationship breaks down the spouse with a higher income or more assets may be obligated to support their former spouse, which is known as spousal support. This post will cover a general overview of spousal support including who may be eligible, how it is calculated, and for how long it must be paid.

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Business Owners and Separation

Business Owners and Separation

As a business owner, there are several important things to consider as you go through your separation.  In this post, University of Ottawa law student, Xinya Wang, reviews some of the considerations, including sharing the value of your business, paying support, and imputing income.

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