FAMILY LAWYER PICKERING

A divorce can take between 6-8 months if not disputed, from issuing the petition to the Decree Absolute. If the divorce or finances are disputed, then this timescale can be longer depending on when such issues are resolved.

If your partner fails to disclose all of their financial assets, it can have various legal and financial implications, particularly in the context of a relationship breakdown or divorce. It’s essential to be transparent and forthcoming about financial matters when dealing with joint assets or in situations that require full financial disclosure, such as during the division of assets or determination of spousal support.

Here are some potential consequences if your partner does not disclose all their financial assets:

1. Legal repercussions: Non-disclosure of assets during legal proceedings can be seen as a breach of trust and may result in legal consequences. Courts expect both parties to provide full and accurate financial information during family law proceedings.

2. Contempt of court: If your partner is found to be deliberately withholding or concealing financial information, they could be held in contempt of court, which may lead to fines or other penalties.

3. Unfair settlement: Failing to disclose all assets can impact the fairness of the asset division process, leaving you at a disadvantage and potentially receiving less than you’re entitled to.

4. Reopening of settlement: If it is later discovered that your partner concealed assets during the initial settlement, you may be able to request a reopening of the case to rectify the unfair distribution.

5. Financial agreements: In some cases, couples may enter into financial agreements, such as prenuptial or postnuptial agreements. Failure to disclose all assets can render such agreements void or unenforceable.

6. Loss of trust: Non-disclosure can damage trust between partners, making it difficult to resolve issues amicably or reach fair compromises in other aspects of your relationship.

If you suspect that your partner is not disclosing all of their financial assets, it’s essential to consult with a family lawyer in Toronto who can guide you on the best course of action. They can help you understand your rights, initiate the appropriate legal steps, and ensure that you receive a fair and equitable resolution.

You may not always have to go to court to resolve legal matters, including family law issues. There are several alternative dispute resolution methods available that can help you resolve conflicts without the need for a court trial. These alternatives are often encouraged to promote more amicable and cost-effective resolutions.

If you and your partner are cohabiting (living together without being married), and you decide to separate, the legal implications can differ from those of a married couple. Cohabitation is governed by provincial laws, and the laws may vary slightly depending on the province or territory where you reside.

Below are some general aspects of the law that may apply to cohabiting couples upon separation:

1. Property Division: Unlike married couples, cohabiting couples do not have an automatic right to an equal division of property. Generally, each partner retains ownership of the assets they brought into the relationship, and any jointly acquired assets may be divided based on individual contributions or other factors, as determined by the specific provincial laws.

2. Spousal Support: Cohabitating partners may have a right to claim spousal support (also known as “partner” or “common-law” support) upon separation if one partner is financially dependent on the other and meets certain criteria under the law. The rules for spousal support may vary by province, and factors such as the length of the relationship and the financial circumstances of each partner will be considered.

3. Child Custody and Support: If you have children together, the laws regarding child custody, access, and support are similar for both married and cohabiting couples. The best interests of the child will be the primary consideration in determining custody and support arrangements.

4. Cohabitation Agreements: To avoid potential complications and uncertainties upon separation, cohabiting couples can create cohabitation agreements. These are legal contracts that outline how assets, debts, and other matters will be handled if the relationship ends. Cohabitation agreements can be valuable in protecting the interests of both partners.

5. Debts and Liabilities: Each partner is typically responsible for their individual debts and liabilities. However, shared debts, such as joint bank accounts or loans taken together, may need to be addressed upon separation.

6. Unjust Enrichment and Constructive Trust: In some provinces, a cohabiting partner may be able to claim unjust enrichment or a constructive trust if they can demonstrate that they made significant contributions to the relationship, financial or otherwise, and were left unfairly uncompensated upon separation.

If you are cohabiting and considering separation, it’s essential to seek legal advice from a family lawyer North York in your province to understand your specific rights and obligations and how they apply to your situation. Additionally, if you have any jointly owned property or shared finances, documenting your contributions and financial arrangements can be helpful in case of separation.

The rights of parents to see their children after a separation or divorce are determined based on the best interests of the children. Both parents generally have the right to maintain a meaningful relationship with their children, and the law aims to ensure that children have ongoing contact with both parents, whenever possible.

Child support payments are not taxable for the recipient nor tax-deductible for the paying parent. This means that the parent who receives child support does not need to include it as income when filing their taxes, and the parent who pays child support cannot claim it as a deduction on their tax return.

The non-taxable status of child support is based on the principle that child support is intended to provide for the financial needs of the child. It is separate from spousal support (also known as alimony or partner support), which is taxable for the recipient and tax-deductible for the paying spouse under Canadian tax law.

It’s essential to ensure that child support payments are made in accordance with a legally binding agreement or court order. This helps protect the rights of both the paying parent (obligor) and the recipient parent (obligee) and ensures that the child’s best interests are met.

As laws and regulations may change, it’s always advisable to seek advice from a qualified tax professional or family lawyer to stay up-to-date with the latest tax and family law rules concerning child support.