Family Law
How can we help you?
Divorce
For married couples, after your separation is negotiated you are able to apply for your Divorce. Remember, this is a separate process than your separation.
The most common way to apply for a Divorce in Ontario is by being separated for at least 12 months. Your reason for divorcing, or the “fault” of a party is usually irrelevant.
In an uncontested divorce, both spouses agree to get divorced. This kind of divorce is relatively quick and uncomplicated. In fact, your divorce papers can be processed without your attendance at court. These are often quick and inexpensive.
The time and cost of processing your divorce will depend on where the parties leave, for example international jurisdictions.
Contested divorces are where one spouse does not agree to divorce; these are more complicated and more expensive. The issues relating to the parties’ disagreement will need to be settled by way of a Separation Agreement, or in rarer instances by way of a Court Order.
It is vitally important that you retain an experienced divorce lawyer like Elinor Shinehoft who can protect your rights and advocate for you. Even difficult and acrimonious separations can be settled out of court through collaborative law, mediation or negotiation.
Separation
Shinehoft Law often uses a collaborative practice and unique problem-solving approach to help you move forward and navigate complex, and often difficult, separation proceedings to reach the best resolution possible.
Shinehoft Law advocates for you using out of court processes to reach a beneficial resolution for you, such as Collaborative Law, Mediation or Negotiation.
We will advocate on your behalf according to your needs and input to resolve all of your family issues whether these issues relate to parenting and children, dividing property and/or financial security in the form of spousal support.
Elinor Shinehoft, Principal Lawyer at Shinehoft Law is trained in Collaborative Law and has extensive experience in private negotiation and settling through Mediation, and previously Court.
Separation Agreements
We will negotiate a valid and fair Separation Agreement for you with your input and needs in mind. This is the final goal in settling your affairs whether you are coming out of a marriage or common-law relationship.
A valid and fair Separation Agreement is the final goal in settling your affairs on separation, whether you are coming out of a marriage or common-law relationship.
Regardless of the process you have chosen to enter into with your lawyer, such as Collaborative Law, Mediation, or just old fashioned Negotiation, once you have agreed to the terms with your former partner, you need the terms to be written out in a proper and valid legal contract. This is the Separation Agreement.
Your Separation Agreement ideally encompasses all relevant issues from your relationship breakup.
If you have children, this can include parenting responsibilities and decision-making for your children, the schedule outlining the time spent with your children, how they will be brought up in two separate households, and how each parent will financially support the children (child support).
Your contract should outline how to divide your property (all of your and your partner’s assets and debts), and whether either of you will need financial support, and what that will look like.
Elinor and her team will make sure to cover all pertinent issues relating to your circumstances and negotiate a beneficial separation agreement tailored to your situation.
Parenting Time & Decision-Making
We focus on the best interests for your children and for yourself. We look at the parenting decision-making process and help negotiate the amount of time you spend with your children.
We concentrate on the best interests for your children and for yourself.
We look at the parenting decision-making process and help negotiate the amount of time you spend with your children.
Decision-Making Responsibilities refer to the rights and responsibilities of the parent to make major decisions for your child. The legal term used to be “custody”.
Major decisions relate to education, religion and non-emergency healthcare of your child.
Negotiating Sole or Joint Decision-Making Responsibility will depend on whether one or both parents will make the major decisions affecting the child. You will need to be able to communicate well enough with your former partner to jointly agree on the major decisions.
If only one parent makes the major decisions, the other parent (non-custodial parent) still has the right to make inquiries about their child and obtain information concerning their education, health and welfare.
Under normal circumstances, both parents will be able to exercise Parenting Time. Arrangements for Parenting Time can vary regardless of Decision-Making Responsibility, from one parent having primary residence, to the child equally sharing their time between both parents.
Child Support
Your children are entitled to receive support to cover their basic needs and special and extraordinary expenses. Shinehoft law explores and calculates what the appropriate amount should be to ensure your children are well cared for.
Your children are entitled to receive support to cover their basic needs and special and extraordinary expenses. This is called Child Support.
Shinehoft Law explores and calculates what the appropriate amount should be to ensure your children are financially cared for.
While the starting point of a child support calculation is the parent’s gross total income, various factors can come into play including being self-employed, receiving income from different sources, and grossing up certain deductions or benefits you may receive as an employee.
Another important factor in determining child support is the split between each parent’s Parenting Time with their child. If you spend less than 40% time during a year with your child, you will be required to pay child support. If you spend 40% or more time with your child there may be a need for both parents to pay child support to each other, leaving one person receiving more than the other.
Shinehoft Law will also review any extraordinary or special expenses your child may have, which will ultimately be shared between the parents.
Spousal Support
We help you protect your financial interests and security when negotiating spousal support claims.
Whether someone is leaving a common law relationship or marriage, both spouses will want to make sure they are leaving the relationship financially secure.
Seeing if there is an entitlement for spousal support, negotiating the right amount and length for this support can be stressful and complex. Each spousal support claim is unique, and therefore it is important to be honest, transparent and provide full financial disclosure when negotiating. Also, the more complicated the finances are in your relationship, the more important it is to speak with a lawyer.
Several factors are looked at in determining spousal support. These factors can include the length of the relationship, each person’s financial circumstances, the roles that each person fulfilled while living together, whether one partner suffered an economic disadvantage while contributing to the other’s economic success during the relationship, and whether the each person can support themself financially upon leaving the relationship.
If you are negotiating using the Collaborative Law process, this allows the lawyers to work together and with their clients review the family finances, look at prior spending patterns, create budgets, and look at current needs for support. If the circumstances are complex, a financial professional may be retained as well to come analyse the scenario and give input.
Property Division
We help you divide property in a manner that is reasonable and fair to both parties.
In Ontario, a legal marriage is considered an equal economic partnership. According to the law, when a couple divorces property that was acquired over the course of the marriage is to be equally shared and divided between both spouses, with some exceptions.
Generally, each spouse is entitled to one half of the value of the accumulated assets minus liabilities and debts. In other words, wealth is defined as the difference between the couple’s net worth at the time of separation and their net worth at the time of marriage. This is called “net family property.”
Property is basically anything with a dollar value. Examples of property include real estate, vehicles and household and personal items, all financial assets including bank accounts, investments, pensions, stock options and businesses.
The issue of property division is the main legal difference between married and common law couples. The dividing of property only applies to married couples getting separated. Common law relationships are excluded from this exercise, and any division or sharing of property for them follows general property laws.
The division of property is one of the most complicated and confusing parts of any divorce, and our goal at Shinehoft Law is to break this down into digestible and understandable components. Our collaborative way of practicing also aids our clients to review the family finances, look at prior spending patterns, create budgets, and bring in financial professionals to give input or valuations when needed.
Cohabitation Agreements
Couples living together have similar obligations to married couples but also some very different rights. Shinehoft Law will protect you should your relationship end by creating a tailored and fair legal agreement between you and your partner.
Couples living together have some very different property rights than married couples. With so many couples deciding not to marry today, but wishing to live together, and often create joint family ventures, it is more important than ever to protect your finances in case you separate.
By entering into a valid and fair Cohabitation Agreement, you can protect your own assets, agree on how to divide shared assets with your partner, negotiate the reimbursement of a down payment for your home. You can also look at spousal support between you and your partner should things not work out.
It may not seem romantic but the best time to negotiate these issues is at the beginning when there is mutual respect, love and trust between you.
Marriage Contracts
Whether you are getting married or already married, we can help protect your financial needs and property should you separate in the future by negotiating a fair and unique legal agreement tailored to you and your partner’s needs.
If you are getting married, or are already married and living together, you should seriously consider entering into a Marriage Agreement. If you’ve already been divorced and are now in a new relationship and wish to protect your assets and/or spousal support obligations you may wish to negotiate a Marriage Agreement.
The effect of a Marriage contract is for you to protect your personal assets, or assets belonging to you and your family through a Family Trust or settle your property issues on separation differently than the way the current law demands. This contract will also enable you to negotiate whether any spousal support should be paid on separation by one of the spouses to the other.
What many people do not realize is that the aim for the Marriage contract is to be as fair as possible for both spouses. If a contract is too skewed to one spouse, or if it is evident a spouse was coerced or unduly influenced into signing a Marriage Agreement, whether the terms are unfair of the contract is signed too close to the wedding, the contract may not remain valid on a challenge at separation.
It may not seem romantic, but the best time to negotiate a fair “exit” from a marriage is when the parties are at the beginning of their marriage, and the dominant feelings are those of mutual love, respect, and trust.