Your Trusted Family Law Advocates in Ottawa: How Our Client-Centric Approach Works
- Begin with a family lawyer Ottawa free consultation
- Discuss your circumstances
- Identify options
- Define goals
- Craft a strategy
- Execute the strategy
- Achieve the best possible outcome in your case
Our family lawyers in Ottawa help with:
- Applications for equalization of assets
- Motions to change support
- Motions to change access
- Interim motions for spousal support
- Advising you in the division of your pension
- Grandparent’s Rights
- Mediations
- Divorces
- Separation agreements
- Marriage contracts
- Applications for parenting time and decision making
Reach Out for a Family Lawyer Ottawa Free Consultation – We Can Be Your:
Children
What is the impact of separation on children?
Children often experience emotions such as fear and anger during a separation, much like adults do. However, it’s crucial to recognize that infants, children, preteens, and teenagers each have their own unique ways of expressing these emotions and coping with the situation.
Infants and Toddlers 0-5
Although infants and toddlers cannot grasp the concept of parental separation, they are highly sensitive to their surroundings. They can sense if a parent is distracted, stressed, or angry, even at such a young age.
Infants and toddlers express their emotions nonverbally, often through crying or whining. Since they lack the ability to speak and manage their own emotions, they rely heavily on the consistent day-to-day care and support of a loving parent.
As parents going through separation, the best way to help your infant or toddler adapt to the changes is by providing consistent and reliable care for their physical and emotional needs. If possible, try to shield them from any hostility or conflict.
Source: Government of Canada
Children age 6-11
Young children have a limited capacity to understand what is happening during a separation, what they are feeling, and why. It is hard for them to conceptualize a different reality from the one they know, as they lack the cognitive skills and life experience to imagine life with their parents living apart. Despite this, children still try to make sense of the situation. Because they have yet to develop the ability to see beyond themselves, they often blame themselves and feel responsible for the separation.
Children develop profound bonds with their parents and maintain a deep sense of loyalty to them, as parents are central to a child’s life. Since children build their sense of self by watching and interacting with their parents, those who witness parental arguments often experience it as if they are personally involved. It is hard for children to separate themselves from their parents at this stage. Additionally, it is difficult for them to understand why the two most important people in their lives, on whom they depend for safety and survival, cannot get along.
As a parent, it is your duty to ensure that your child knows the separation is not their fault. Assure them that both parents will always remain in their life and make sure they understand that while some things will change, your love and their ability to rely on you will never change.
With preschoolers and younger children, be as clear and specific as possible about timelines and living arrangements. Provide clear answers regarding when the changes will take place, where they will live, and how and when they will be with both parents. Think about what you were doing and thinking about when you were a young child, and try to address what might be on their mind after hearing the news.
Source: Government of Canada
Preteens & Teenagers 12-18
This is a challenging stage because preteens and teens can grasp the complexities of separation while still figuring out how to become their own person.
Preteens and teens undergo significant developmental changes and experience conflicting emotions, such as wanting independence while also seeking protection, and desiring freedom but still needing guidance. Unlike younger children, preteens and teens do not blame the concept of divorce; instead, they tend to hold their parents accountable. They often react to news of separation with anger or sadness. Older teenagers may even start to question their own ability to build successful relationships.
Teenagers benefit from a growing maturity and understanding of human relationships. However, this greater awareness also makes them cognizant of how life will change, from housing to disruptions in their school and social life. Preteens and teenagers are likely to worry about how the separation will affect them both now and in the future. You can help by encouraging them to talk about their feelings, express disappointment and fears, and give them some say in how to handle the likely changes. Work with them to find solutions together.
Source: Government of Canada
Children
Talking to Your Children About Your Separation
(and Preparing Them for Change)
What are they feeling?
What I Want from My Parents: An Unspoken Wish List
I need both of you to be in my life. When you don’t stay involved, I feel like I am not important and I miss you a lot.
When you fight in front of me, I want to run and hide.
Please try hard to work together to raise me. I want you both to be my parents.
It hurts me when you say negative things about my other parent, because I love them.
Please don’t ask me to take sides. I want to love you both. If you act jealous or upset, I feel like I need to take sides.
I am afraid to tell you how I feel because it might hurt you, and I don’t want to hurt you.
Please communicate directly with my other parent so that I don’t have to send messages back and forth. I don’t want the job of being a messenger – I just want to be a kid.
Please ask me my opinion when you need to make a decision about me. When you do, I feel loved, respected and more in control.
Please take care of yourself and ask other adults to help you cope. When I see that you are taking care of yourself, I worry less and feel more secure that you will be there to take care of my needs.
Source: Government of Canada
What are the difficult questions?
Expect Tears, Protests and Lots of Questions
- Why are you getting divorced?
- Why can’t you just stay together?
- Don’t you love each other anymore?
- It’s not fair!
- Did I do something wrong?
- Is this my fault? Can I make it better?
- Where am I going to live?
- Do we have to move?
- What am I going to tell my friends?
- Is there a chance that you will get back together?
Finances
How to think about division of assets
A separation typically requires someone to pay support to the other and divide their assets.
First and foremost, it’s critical to get the numbers right, as your financial security depends on it. Secondly, identify your priorities and ask your lawyer to provide you with options.
Matrimonial Home
A family home is often the most valuable asset that a couple has.
Dividing the family home presents unique challenges due to the strong emotional attachment often developed by its owners. These challenges are compounded when young children are involved, as they may reside close to their schools and the sale of the home represents a significant change in their lives. Therefore, we often assist parents with buyout negotiations for their family home. When a buyout is financially impossible, it is crucial to time the sale of the matrimonial home for when the housing market is most favorable.
When a separating couple faces the prospect of selling their home, it is important to track who is paying for which expenses, maintain a cordial atmosphere, and register a matrimonial home designation on the title.
Lastly, any advice on whether to stay or leave the matrimonial home must be based on a strong understanding of each couple’s circumstances. Leaving the home, when safety is not a concern, may delay its sale because a former spouse staying in the home alone may have an incentive not to sell. Additionally, the decision to leave may impact one’s parenting rights. Therefore, when safety is not a concern, it is advisable to speak to a lawyer and strategize the timing of leaving the home.
Pension
Wondering what will happen to your pension?
Pensions come in many forms, each requiring a different approach for valuation and division.
In a separation, pensions are assets to be divided. However, only the portion accumulated during the marriage is subject to division.
Our lawyers have the expertise to handle the division of your pension. We can discuss the type of pension you have, determine its value, and find the best approach to divide it.
Finances
We are here for you…
- When you want to negotiate the buyout of your home.
- When you need to divide your pension.
- When you need to understand your spousal and child support obligations and rights.
- To understand the impact your divorce will have on your finances.
- To understand how divorce will affect your business.
- When you need to plan for your retirement.
- To help divide your property.
Support
Spousal and Child Support are Critical for your Family’s Financial Security:
At Unified, we will work with you to formulate a plan for the future. We focus on these three principles:
- Ensure that you have sufficient resources
- Invest in your child’s education
- Secure money for your retirement
Support
How to think about spousal and child support
Are you entitled to spousal support?
Entitlement to Spousal Support
There are three conceptual grounds for entitlement to spousal support:
- Compensatory;
- Contractual and;
- Non-compensatory.
When a marriage ends, spouses are entitled to compensation for their contributions to the marriage and for any losses sustained as a result. Compensation takes into account the “condition” of the spouse, as well as their “means, needs, and other circumstances.”
Non-compensatory factors include objectives such as relieving any economic hardship arising from the breakdown of the marriage and promoting the economic self-sufficiency of each spouse within a certain period. Periodic payments may not be appropriate if a large lump sum has already been paid and the duration falls within the specified range.
How Much Support Am I entitled to?
Once it is determined that someone is entitled to spousal support, the next question is how much support should be provided. The answer varies widely based on how incomes are characterized and what deductions are available to each spouse. This is crucial to ensuring that a fair amount of support is paid.
After determining incomes, the Spousal Support Advisory Guidelines provide a range for how much support should be paid, as well as the duration.
Where a person falls within that range depends on the length of the marriage, their roles during the relationship, and their ability to become self-sufficient. For a deeper dive into the considerations that come into play, please visit our insights section.
Navigating Divorce and Separation in Toronto: From Uncontested to Contested Trials
Uncontested Divorce:
In cases of amicable separations, including Simple Divorce and Joint Divorce, our dedicated team handles the finer details of the legal process.
Contested Divorce:
For complex divorce cases involving intricate property division and spousal support matters, our experienced lawyers will work to ensure your rights and interests are protected at all times.
Separation Agreement:
Protect your spousal rights and assets with a detailed, tailored separation agreement drafted by our family law lawyers.
Spousal Support and Alimony:
We work on behalf of both payees and recipients of spousal support to protect their legal rights.
Property and Asset Division:
Our goal is to achieve the equitable division of all marital assets.
Post-Divorce Modifications:
We assist with modifying your divorce agreement to better line up with your current situation.
Understanding foreign divorce recognition
Obtain legal recognition in Ontario, Canada, for a foreign divorce.
Advocating for Your Child’s Best Interests: Custody, Visitation, and Parental Relocation in Toronto
Child Custody:
We advocate for custody arrangements that are in the best interests of you and your children.
Visitation:
We protect your visitation rights while always prioritizing the well-being and happiness of your children.
Parental Relocation Consultation:
Moving homes complicates custody agreements. We ensure that your child is prioritized throughout the process.
Modification of Custody and Support Orders:
As circumstances change, update your agreement to better align with your current status and situation.
Child Custody Agreements:
Personalized agreements that always prioritize the health of your children.
Understanding child support: Our Commitment to Your Child’s Wellbeing
Child Support:
We fight to achieve child support payments that are fair and accurate.
Safeguarding Your Future: Prenuptial and Cohabitation Agreements Tailored for Toronto Couples
Prenuptial Agreements:
Safeguard assets with compassionately crafted agreements.
Marriage Contracts:
Set terms without causing conflict with your partner.
Standstill Agreements:
Protect your rights after you are married and gain the time you need to build an equitable and agreeable marriage contract or other arrangement.
Cohabitation Agreements:
Establish the financial and parental rights and responsibilities for unmarried couples.
Full Financial Disclosure: Unveiling Hidden Assets for Fair Division
Asset Disclosure:
We are dedicated to ensuring that all assets the other party may be attempting to hide are uncovered and included in the proceeding, so we can achieve full fairness when engaging in property division.
Hidden Assets:
If you believe assets are being hidden, we take advantage of every available resource to discover and include these assets in the proceedings.
Resolving Family Disputes: Mediation and Litigation Services for Your Peace of Mind
Family Mediation and Family Arbitration:
We work with clients during the alternative dispute resolution methods to simplify legal issues without court intervention, emphasizing compassion and understanding.
Family Court Proceedings:
Should court intervention be unavoidable, our team of Ottawa family lawyers are here to protect your interests.
Ottawa Family Lawyers Helping You Secure Your Future
Work with a team of leading family lawyers in Ottawa; ready to address every one of your family law needs.
Family Law Lawyer Toronto FAQ
Common inquiries regarding a family law lawyer in Ottawa.
What services do family lawyers in Ottawa offer?
At Unified, our family lawyers offer a comprehensive range of services, including divorce and separation, child custody and access, child and spousal support, property division, and prenuptial agreements. We also handle cases involving domestic violence and Child Protection Services.
How do I choose the right family lawyer in Ottawa?
Choosing the right family lawyer involves considering their experience, specialization, and reputation. At Unified, we recommend having an initial consultation to discuss your case and assess our approach, communication style, and compatibility with your needs.
What is the process for filing for divorce in Ottawa?
To file for divorce in Ottawa, you must meet residency requirements and have grounds for divorce, such as a one-year separation, adultery, or cruelty. We guide you through the process, which includes filing a Statement of Claim for Divorce, serving it to your spouse, and navigating various legal steps, including financial disclosure and court appearances if necessary.
How is child custody determined?
Child custody is determined based on the best interests of the child. Factors considered include the child’s relationship with each parent, the child’s needs and preferences, the parents’ ability to care for the child, and any history of family violence. We work diligently to ensure the best possible outcome for your child.
What is a separation agreement, and do I need one?
A separation agreement is a legally binding document outlining the terms of your separation, including property division, child custody, and support. While not mandatory, it helps prevent disputes and provides a clear framework for both parties. At Unified, we help draft comprehensive agreements tailored to your situation.
How are spousal support amounts determined?
Spousal support amounts are determined based on factors such as the length of the marriage, each spouse’s financial needs and means, the roles during the marriage, and the ability to become self-sufficient. The Spousal Support Advisory Guidelines provide a range for the amount and duration of support, and we ensure fair calculations.
Can I modify a child support order?
Yes, you can modify a child support order if there has been a significant change in circumstances, such as a change in income, job loss, or changes in the child’s needs. We assist you in applying to the court for a modification and navigating the legal requirements.
What should I do if my ex-spouse is not complying with our custody agreement?
If your ex-spouse is not complying with the custody agreement, document the instances of non-compliance and try to resolve the issue through mediation or negotiation. If this fails, we can help you apply to the court to enforce the agreement and protect your parental rights.
How is property divided during a divorce?
Property division during a divorce in Ottawa follows the principle of equalization. This means that the net value of the property acquired during the marriage is divided equally between the spouses. Certain exclusions, such as gifts or inheritances, may apply, and we ensure a fair and accurate division.
Do I need a family law lawyer even if my divorce is amicable?
Yes, even in amicable cases, having a family lawyer can ensure your interests are protected and all legal requirements are met. A family lawyer can help you draft fair agreements and guide you through the legal process to ensure nothing is overlooked. We focus on the Divorce Act, the Family Law Act, and all other relevant acts.
Areas of family law we serve
Our team of family lawyers represent clients in court and during negotiations, providing comprehensive legal services. From divorce settlements to issues with Child protection services, we are well versed in all relevant acts including the Child, Youth and Family Services Act, 2017, (CYFSA), ensuring your best chance at obtaining a favourable outcome.
We can represent you as your:
This FAQ is for informational purposes only and should not be considered legal advice. Consult with a qualified family services lawyer to address your specific professional concerns. If you’re ready for a family lawyer free consultation, don’t hesitate to contact us or call at 416-222-1673.
