Category Archives: Family Law

COMMON LAW OR MARRIED: WHAT’S THE DIFFERENCE?

Posted on November 24, 2010 by Stanchieri Family Law in Common Law, Divorce, Family Law

Upon separation, the nature of the parties’ relationship (whether married or common law) determines what rights arise under Ontario family law.
Under the Family Law Act, a married spouse is defined as either of two persons who are married to each other OR have together entered into a marriage that is voidable or void, in good faith. This definition of “spouse” applies to all sections of the Family Law Act. Continue reading

HOW TO MINIMIZE YOUR FAMILY LAW LEGAL FEES

Posted on October 26, 2010 by Stanchieri Family Law in Divorce, Family Law, Legal Fees, Separation

Find a reputable lawyer with reasonable fees It may be tempting to retain the lawyer with the lowest rates, but you may not always get the experience that is required to help you resolve your matrimonial dispute to your satisfaction. … Continue reading

CHILD SUPPORT BASICS

Posted on October 15, 2010 by Stanchieri Family Law in Child Support, Family Law

Erin Simpson, a family lawyer with Stanchieri Family Law, provides general information regarding Child Support in Toronto, Ontario, Canada. Continue reading

MANDATORY FAMILY LAW MEDIATION IN ONTARIO?

Posted on October 4, 2010 by Stanchieri Family Law in Divorce, Family Law, Mediation

There is no question that the family justice system in Ontario is overburdened with an increasing number of divorce cases. The number of separating parties opting to litigate has called for law reform and proposals for an overhaul of the court process. Earlier this month Ontario Chief Justice Warren Winkler called for more changes to Ontarioʼs family law system, including making mediation mandatory for all cases, prior to heading to family court. Continue reading

DIVORCE ACT: LIVING SEPARATE & APART

Posted on September 27, 2010 by Stanchieri Family Law in Divorce, Family Law, Separation

How does the court determine the date of separation between spouses? Under the Divorce Act, spouses are deemed to have lived separate and apart during any period that they lived apart and either of them had the intention to separate. This requires a physical separation coupled with a recognition by one of the parties that the marriage is at an end. Continue reading