Unique Approach to Divorce and Separation
Trusted advice for a seamless transition
Strategic planning to help you move through your divorce and separation and on to living your life.
A divorce is the legal termination of a marriage, requiring a court order. In Canada, a divorce can be obtained under the following three circumstances:
- The spouses have lived separate and apart for at least one year,
- adultery, and
- cruelty.
A unique approach to the divorce process
Shirley works tirelessly to reduce the impact separation can have on you, your family and your children. Shirley’s unique approach to divorce is focused on efficient, practical and effective negotiations to help you obtain an out of court settlement that addresses your unique needs.
Shirley often works with various financial and family professionals, including business valuators, real estate appraisers, tax accountants, social workers, parenting coordinators and others, to ensure your situation is resolved in the most informative and effective way.
What do I want to resolve?
Corollary Issues
Regardless of the type of negotiation you choose, Shirley is here to help empower and advise you.
Property Division
The division of property can be extremely complicated. There are numerous twists and turns that must be considered to assess this issue, taking into account assets, debts, inheritances and gifts. With her corporate background, Shirley has the knowledge and experience to optimize the division of property for you.
Spousal Support
Spousal support is paid by one spouse for the benefit of the other spouse. There are many questions around this issue, such as:
- Is there an entitlement?
- For how long?
- How much?
- What is the tax treatment?
With so many grey areas, spousal support is challenging to assess. Shirley will clarify the law with you as it relates to your specific situation.
Child Support
In Canada, child support is governed by Child Support Guidelines, established in each province and tailored to reflect certain financial standards of that province. Child support is payable whether the parents were married, living common-law, or even just dating.
Child support deals with complex issues such as how much? And until when? These guidelines are law and can become complicated depending on the circumstances. Shirley will clarify the law for you, and explain how it applies to your specific situation.
Parenting (Formerly Custody and Access)
In Family Law, custody of a child means having the right, and responsibility, to make major decisions affecting the health, education, religion and general well-being of the child. It is preferable for parents to try and deal with matters of decision making and residency outside the court system. Regardless of the negotiation process you choose, Shirley can help you get the result that is best for you and your family.
Matrimonial Home
The matrimonial home is the centre of the family and plays a special role in family law. There are numerous issues to deal with, such as: whether to sell the house or buy out your spouse’s interest; financing options; should I stay or should I go? how are the proceeds to be divided? There are also many misconceptions about the matrimonial home.
Shirley is here to advise and clarify the law for you.
Frequently Asked Questions:
Divorce & Separation
Do I have to give 1/2 of everything I own to my spouse if we separate/divorce?
If you are married, there is a formula applied for property division, taking into consideration each spouse’s assets and debts at the date of marriage and date of separation. There are many twists and turns in assessing the property division between spouses; it is not a simple 50-50 split of each asset.
Do I have to pay any child support if our children are living 50-50 with each of us?
This will depend, amoungst other things, on the income of each of your and your ex.
Do I have to share my inheritance with my ex?
Inheritances have special treatment in family law. Depending on when you inherited the money (before or after your date of marriage), you may not have to share any of it. This will also depend on what you did with the inherited funds.
Variation and Review of Support
Call Shirley to guide you through, and help you with, this complicated process.
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