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#Lerners Family Law Group in Toronto - London, Ontario

My fianc and I will live in the home that I own after we marry. My brother, who is divorced, says I could lose the house if my husband and I were to divorce. How can that be?

People spend a lot of time planning details of their wedding, but very little time planning for the legal changes that marriage brings about. An experienced family lawyer can go over your situation and help you draft a domestic contract that will be very helpful should the marriage break down. A consultation with an experienced family lawyer is well worth the fee, and may save you much time, money and grief in later years.

I ve been served with divorce papers, what do I do?

If you ve been served with divorce papers you should immediately contact a family law lawyer. There are certain deadlines for filing court documents and if you do not take proper steps you could lose your legal rights.

What should I do about my will now that my husband and I have separated?

Wills should be reviewed regularly and updated as your life circumstances change. The issue of breakdown and separation is a time to promptly revisit your will, or consider the need to make a will. Make an appointment to see your family lawyer to discuss the implications of separation on your will.

I m thinking of taking the plunge again. I ve got kids; she s got kids. Should I be talking to someone about our situation? I don t want things to end up like they did last time.

Statistics show that most divorced people do remarry. Often, people who are remarrying not only have more complicated circumstances than people who are marrying for the first time they also know what can go wrong in a marriage. They often recognize the need to think clearly about the assets they are bringing into the marriage. A carefully drafted domestic contract may bring a sense of security to the new marriage. It s important to deal with a lawyer who practises family law, because the law is constantly changing and only someone who deals with these situations regularly will have the experience to handle your situation.

What happens to my pension if we separate?

Pensions are property to be valued and included in your net family property calculation. Pensions are notoriously difficult to value and may require the assistance of an actuary; however, as of January 1, 2012, there are changes to the law that should make it easier to value and divide pension assets. Be sure to collect as much information about your pension as you can and share this information with your family law lawyer.

I am self-employed but my corporation owns business assets, does this change what I have to pay to my wife?

There are many benefits to operating your own business as a corporation, such as deciding how corporate revenue is allocated or deducting legitimate business expenses to reduce your net taxable income. Any support payment is based on your income, but courts can readjust that income to take into consideration money available to a corporation or to more accurately reflect the compensation you ought to have been paid for the services you provide to your business. The issues surrounding self-employment, corporations, and business assets are complex and you should see a family law lawyer for advice.

I think our marriage is over. Should I move out?

Not until you ve seen a good family lawyer! This is a very serious question that family lawyers wish more clients would ask before they do anything. Anyone whose marriage is coming to an end needs a fast education in legal rights and obligations. Moving out can make a huge difference to the outcome of your case, like who gets custody of the children. If safety is a concern, leaving the home and seeking court-ordered protection may be the first thing to do after seeing a family lawyer. But all circumstances are different; you need to understand exactly what s right for you. Your consultation with a family lawyer will help you determine what is in your best interests over the long term.

We ve separated and I don t know anything about our bank accounts or our insurance. What can I do?

This is one of the reasons that we advise people to see a lawyer before they move out. The law provides that when a marriage breaks down, there must be full financial disclosure on both sides so that informed decisions can be made in reaching an agreement about separation issues. We can tell you what information is required and help you to get access to documents in your spouse s possession. Since these situations can be very complicated, it s important that you get good legal advice as soon as possible.

Our son and his wife have separated and we re afraid we ll never see our grandchildren again. What can we do?

Because divorce is so common in today s society, you are not alone in your concern. Usually, it is considered in a child s best interests to sustain relationships with extended family members, and there are legal remedies available to extended family members. There are often things that can be done, and a consultation with a family lawyer will enable you to determine how best to protect your relationship with your grandchildren.

How are inheritances affected by a separation or divorce?

Generally speaking, the value of gifts or bequests you receive during your relationship from someone other than your spouse, which still exist as of separation, are excluded from equalization. However, you may lose part or all of the exclusion if you do not keep the money separate and traceable.

If you have received an inheritance or if you anticipate that a loved one has provided for you in their will, it is important for you to consult with a family law lawyer to discuss how to protect your inheritance from the equalization process if your relationship breaks down. The ability to exclude an inheritance can be lost by decisions made prior to separation should you fail to receive appropriate and timely legal advice.

I have been offered a very good job in another province. I m afraid my ex won t let me take the children with me. What can I do?

The issue of mobility often triggers a review of custody agreements. While the Charter of Rights and Freedoms gives you, as an adult, the right to move, the courts have the right to determine what is in the best interests of the children, which may or may not be to permit the children to move. Mobility is an issue for both custodial and non-custodial parents; the cost implications for the parent who must travel to visit the children or have the children come to visit them must be examined. It s a good idea to see your lawyer before accepting the job, so that you understand the consequences of the move and get advice of the likelihood, in the circumstances, of the children moving with you if the other parent resists.

My partner and I aren t married, but we ve lived together for a long time. I suspect that he s planning to leave me. Do I have any legal rights, even though we re not married?

You certainly do. While the property rights for couples who live together are different from those for married couples, there are rights nonetheless. They may depend on how long you ve lived together, and who bought or did what during the partnership. You may also be entitled to spousal support or exposed to an obligation to pay spousal support and should seek legal advice as soon as possible.

I received a settlement from my personal injury case, do I have to share the damages with my spouse if we separate?

The answer is it depends. Damages from personal injury claims are generally excluded from the division calculation of a couple s property. However, there may be circumstances when damage awards will be, or ought to be, shared between spouses. If you have received, or will receive, a personal injury award it is extremely important for you to meet with a family law lawyer to receive legal advice on your family law rights.