Family Law Services in Sudbury
A family legal dispute can take an emotional toll. A family lawyer helps clients go through one of the most difficult times in their lives. A client’s emotions tend to run high during such a legal dispute, especially in cases of adultery, physical abuse or child custody. At Brunet-McFadden Professional Corporation, we provide you with lawyers experienced in family law to solve your problems in Sudbury. Our family lawyers possess not only extensive knowledge of the law, but also great communication skills and the ability to help clients navigate the complex legal realities of family life transitions. Contact us today to request a quote.
What Is Family Law?
Family law deals with family-related legal issues. In Canada, family law is governed by federal and provincial laws. Family law in Ontario is wide ranging, and includes these topics:
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Marriage
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Common-law relationship
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Separation
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Divorce
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Spousal support
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Child custody and access
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Child support
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Child protection
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Partner abuse
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Division of assets for married couples
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Division of assets for common-law couples
Why Choose Us?
At Brunet-McFadden Professional Corporation, our family lawyers treat you as family. We listen to you. Our team can then eloquently explain matters related to your concern, such as the care and support of children, the support for a spouse or partner, the division of property, and so forth. We also provide family law services for victims of abuse. Our family lawyers in Sudbury represent clients in court and in settlement negotiations, and can prepare many kinds of contracts and agreements, such as:
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Prenup
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Separation
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Divorce
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Child custody
Moreover, our family lawyers are competent in resolving disputes between parties through mediation and other dispute-resolution mechanisms. We care greatly about our clients. We strive to meet all your needs.
Marriage Contracts and Cohabitation Agreements
A marriage contract is a legal document signed by couples before they get married to protect their rights, such as property rights, if they split up in the future. A cohabitation agreement is a legal document signed by couples in a common-law relationship.
Such contracts/agreements must be signed in front of a witness. Marriage contracts and cohabitation agreements can set out terms if the relationship ends, such as:
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How the property and other assets will be divided
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How much spousal support will be paid
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Who will move out of the house
However, there are limitations on what can be decided ahead of time in case separation ensues. For instance, the contracts/agreements cannot be used to determine who will have decision-making responsibilities or parenting time with respect to the children.
Our team of lawyers is knowledgeable in all aspects of marriage contracts and cohabitation agreements, and so you can rely on us to create such contracts or agreements. Call us now for more information.
Divorce and/or Separation Agreements
Separation agreements define the terms for partners to live separately without getting a divorce. This agreement can be signed by both the parties without involving the court. In the case of married couples, property acquired during a marriage must be split equally when a marriage ends. This can include your:
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Home
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Business
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Car
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Furniture
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Money
For property that you owned before the marriage, any increase in value is usually divided equally. Common-law couples, however, are not legally required to split property acquired when they lived together. In that regard, any property belongs to the person who bought it. Although there is no requirement to divide property on separation, common-law spouses may choose to enter into a domestic contract such as a cohabitation agreement or separation agreement that sets out their respective rights to property.
If you are looking for a divorce lawyer or are in need of a separation agreement, we can help. Get in touch with us for more details.
Child Custody, Access, and Support
Separation and/or divorce can not only be stressful for you and your partner, but can also put your children through emotional difficulty. There may be a conflict regarding whom the children are with.
The Ontario Court of Appeal has determined, like the Supreme Court of Canada, that a custodial parent does not have an inherent right to move a child anywhere he or she decides. The decision to allow a child to be moved must be made in the best interests of the child.
These cases can be very time-consuming because of the research required and the time it takes to prepare and present legal arguments. Often, the parent seeking permission to move must prepare a detailed custody plan with the help of a lawyer. The plan should include:
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Availability of schools and healthcare in the new location
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Evaluation of facilities and resources there
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Comparison of the costs of living
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Information about the cultural environment and the local economy
You can rely on us to offer you the assistance you need regarding child custody, access, and support. Contact the family lawyers at Brunet-McFadden Professional Corporation today.
Spousal Support
Spousal support is the money that one spouse pays to the other for financial support following a separation or divorce. It is a legal obligation and is sometimes called “alimony” or “maintenance.”
Before any calculations of spousal support are completed, entitlement to spousal support must first be determined. One spouse may be required to pay spousal support to the other if such payment meets one or more of these main purposes set out in the Divorce Act:
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To compensate a spouse who sacrifices his or her ability to earn income during the marriage
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To compensate a spouse for the ongoing care of children, regardless of child support; or,
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To help the spouse with lower income get back on their feet following the divorce.
Still, the spouse who receives support has an obligation to take steps to become self-sufficient over time, once the relationship ends.
The calculation of spousal support is one of the most complex areas of family law. You and your spouse can either negotiate spousal support payments as part of a separation agreement or ask a judge to decide. If you require a knowledgeable lawyer to help you with spousal support, get in touch with us today.
