Whether you are planning to file for divorce in Ontario or have already done so, you should be aware of some of the legal issues you might run into. For example, you may need to seek a restraining order against your spouse, or you may need to calculate child support. You should also be aware of the differences between uncontested and contested divorces.
Unlike marriage, common-law couples do not have the same rights in terms of property and support. They have to settle a number of issues when they separate. It is important to know your rights before proceeding with the divorce process. A family lawyer can help you understand the law and answer your questions.
The most important issues to settle after you separate are issues involving property and children. These issues will need to be discussed between the parents and children to make sure the right decision is made.
The Ontario Human Rights Code defines marital status as single, widowed or divorced. Marital status is not protected under the equality rights section of the Canadian Charter of Rights and Freedoms.
It is important to note that while common-law couples do not have the same property rights as married couples, they do have the same rights in terms of child support. The Ontario Family Law Act recognizes common-law couples in terms of support issues. For more information and support you can contact divorce lawyers in oakville ontario
Uncontested or contested divorce
Generally, an uncontested divorce is defined as a divorce in which the parties have already resolved all issues. This includes dividing property, child custody, and spousal support. It is also a lower-cost divorce, with minimal legal fees involved.
A contested divorce, on the other hand, involves disagreements between the parties. It can involve courtroom litigation, which can take a long time to resolve. It is especially common in marriages with children or substantial assets.
To initiate a divorce, you can apply alone or jointly with your spouse. The process is generally easy to follow, but you should consult a lawyer if you are not sure of the legalities. You can apply by filling out court forms and submitting them to a local courthouse.
Calculating child support
Generally, a child support calculation is based on gross annual income before tax. In some cases, provincial guidelines may apply to the calculation. In some situations, the court has jurisdiction to order a higher amount for high income earners.
In Ontario, the court calculates child support by using the Ontario Child Support Table. These guidelines can be found on the Ontario government's website. They are designed to help parents estimate the amount of child support they will be required to pay.
The child support calculation does not include any special expenses. These expenses are usually referred to as Section 7 expenses. These expenses are paid by both parents in proportion to their income.
Child support is usually paid until a child is 18 years of age. In some cases, child support may continue until a child completes post-secondary education.
Common-law spouses have fewer rights upon separation than married couples
Unlike married couples, common-law spouses do not have the same rights upon separation as formally married couples in Ontario. However, there are a few things common-law spouses can do to protect themselves.
First of all, there are laws that provide spousal support to unmarried couples. The court will not give spousal support on its own, but must receive a request from the party seeking the support.
Another law that is helpful to unmarried cohabitating couples is the "constructive trust" claim. The spouse holding the property in trust for the other spouse can receive compensation. However, there are a number of hurdles to overcome.
The Supreme Court of Canada set out a three-part test for determining whether a claim is unjust. The test requires that the party seeking to make a claim have made tangible contributions to the relationship and have corresponding deprivation.
Getting a restraining order against your spouse
Getting a restraining order against your spouse after divorce in Ontario is a legal option that can protect you from your spouse. If your spouse has threatened you or has physically or verbally abused you, you may be able to obtain a restraining order against your ex. If you are worried about your safety, contact a lawyer or legal clinic for help.
If you have children, you can apply for a restraining order that prohibits your spouse from having physical contact with them. You can also ask the court to take away your spouse's possessions from their home.
The restraining order will last until the hearing. If you don't get a hearing within 30 days of the request, the order will stay in place.