PROGRESSIVE LEGAL COUNSEL
Family & Divorce LAWYERS
Divorce and separation is considered to be one of the most traumatic events in one’s life, second only to the death of a spouse. Let us make this process easier for you.
At Hummingbird LLP, we understand the emotional and financial strain of a divorce, especially when children are involved. We work with you every step of the process to educate and advise you of all your options and we believe in using alternative dispute resolution to come up with a fair settlement.
Our goal is to help you minimize conflict in a fair, respectful and efficient manner. Litigation and court battles are a last resort, but one that we’re skilled and experienced with, if the situation calls for it.
Our areas of expertise include negotiating spousal support, child support, division of property and equalization, decision making (custody) and parenting time (access), pensions and trusts, and mobility issues. If you’re going through divorce or separation, don’t go through it alone. We’re here to walk this journey with you. Contact our office today and let’s get started together.
Our services include the following:
Collaborative Family Law
A collaborative approach to family law reduces conflict by arriving at a fair, practical settlement that is negotiated between the parties. While separations can be emotionally and legally challenging, you’ll be supported every step of the way with a lawyer focusing on decision making and parenting time issues, and skilled in advising with regard to the division and disposition of shared property, updated estate planning, and support.
Divorce
A divorce is a straightforward process that requires a separated couple to submit specific documents to their local court. For a divorce order to be granted, the court needs to be assured that all underlying issues relating to the dissolution of a family are resolved: this includes the decision making of the parties’ children, a parenting schedule, child support and the allocation of child-related special and extraordinary expenses, spousal support and the division of a family’s property.
Spousal Support
Family law defines spousal relationships as financial partnerships. When the partnership breaks down, the person with more income or assets may have to pay support to the other. Unlike child support, spousal support is not automatic. The person seeking the support is required to prove entitlement to it. This can be done on a contractual basis (for example, through a marriage contract), on a needs-based basis or on a compensatory basis. The duration and amount of support will differ based on a variety of factors and is determined on a case-by-case basis. Former parties to a common-law relationship are entitled to seek spousal support following separation.
Child Support
Dependent children have a legal right to be financially supported by their parents until they are no longer considered a “child of the marriage.” The amount of child support that a parent is required is dictated by that parent’s income. If the child that is receiving support is with one parent more than 60% of the time, the other parent is required to pay full support as established under the Federal Child Support Guidelines. However, in shared parenting situations where a child lives with each parent more than 40% of the time, the payor with the higher income may only need to pay an offset amount of support.
Decision Making (Custody)/Parenting Time (Access)
Decision making refers to the power to make a decision with regard to a child. When parties separate, the law prefers for parents to share the decision making power over the major decisions relating to their children. When this is impossible, one parent is awarded sole decision making.
Moving With Your Child After Separation Or Divorce
Often referred to as “mobility” cases, one parent’s effort to move a child away from the other parent comprises one of the more contested areas in divorce and family law. A case involving one parent wanting to move a child out of the jurisdiction without the other parent’s consent often winds up in court. The court considers what is in the best interests of the children in making its ruling. Sometimes, a parent leaves the area with their child without the other parent’s permission or a court order allowing them to do so. This constitutes a child abduction. Domestically, this is a matter dealt with in the civil courts. Internationally, a parent may need to begin an application pursuant to the Hague Convention on Child Abduction if the child is in a Hague signatory country.
Complex Estate Planning And Divorce Law
Estate planning can be challenging when it involves complex family situations including multiple marriages and children from those marriages including siblings, step-siblings and their spouses, as well as any estranged family members. Trusts, Pensions, Taxation and Family Businesses can also be involved and require careful planning and close attention to detail. At Hummingbird, our estate planning lawyers and family law lawyers work together to ensure that your interests are protected and each person in your family is accounted for.
Separation Agreements
A separation agreement is a type of domestic contract between two people who used to be a couple. The agreement can outline each person’s rights and obligations upon separation, including issues surrounding the division of property, spousal and child support as well as who is responsible for caring for the children and where they will live.
Prenuptial Agreements/Marriage Contracts
In Ontario, prenuptial agreements are referred to as a “marriage contract”. These are a type of domestic contract. A marriage contract is used to disclose and organize a couple’s finances and outline the rights and responsibilities between each party in the event of a separation.
High Conflict Separations
Domestic violence can be a common issue in family law, and can take the form of physical, emotional or financial abuse. An example of subtle, emotional child abuse is Parental Alienation. When one parent wishes to be the preferred parent, they may discredit and put down the other parent to the child(ren) for the sole purpose of obstructing the child(ren)’s relationship with the target parent. With recent changes to legislation, domestic violence of all forms, including parental alienation are taken quite seriously by the courts and can heavily weigh into a judge’s ruling when it comes to custody and access.
If you’re thinking about or going through a divorce or separation, contact our family lawyers to see how we can make this transition easier for you.
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Toronto Office
80 Bloor St. West, Suite 1401, Toronto, ON M5S 2V1
Vaughan Office
8800 Dufferin Street, Suite 301, Vaughan, Ontario, L4K 0C5