Experts at Resolving Contested Divorces - Marley Chambers & Associate https://www.marleychambersassociate.com/expertise/ Toronto Family Lawyers with a focus on Divorce Thu, 30 Mar 2023 13:12:32 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 Financial https://www.marleychambersassociate.com/expertise/financial/ Tue, 13 Dec 2022 20:00:02 +0000 https://www.marleychambersassociate.com/?post_type=app_expertise&p=279 For situations when finances need to be part of the legal process. Issues may include property, child support, and spousal support.

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Overview

The law sees marriage as an economic partnership where each spouse contributes equally to the relationship, whether financial or otherwise. As such, each spouse is entitled to equal share of the total property when the marriage ends. Property includes assets and debts such as houses, cottages, vehicles, savings, family businesses, shares, investments, pensions, mortgages, credit cards, loans, leases etc. To determine the amount, each spouse must provide financial disclosure and calculate the Net Family Property. Depending on the circumstances, other financial claims such as child support and spousal support can also be added to the proceeding.

Financial Claims

  • Child Support – The money one parent pays or receives to help cover the costs of raising a child.
  • Spousal Support – The money one spouse pays or receive to cover ongoing living expenses.
  • Property Division – The assets and debts that need to be divided equally between both spouses.

Common Issues

  • Disclosure – Getting financial disclosure in a timely manner while ensuring the income, expenses, assets, and debts are accurate in the financial statements.
  • Businesses – Working with financial experts to obtain business valuation reports and establish the correct value of the family business.
  • Support – Determining the appropriate amounts for child and spousal support.
  • Exclusion – Excluding certain property from the Net Family Property calculations, such as inheritances, gifts, life insurance, legal claims.
  • Variations – Changing existing court orders or agreements.

How We Help

We can recommend the most appropriate legal method for your unique situation and represent you during the entire legal process. Family law is complex and hiring one of our family lawyers can help avoid costly errors while increasing your chance of success with your case.

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Parenting https://www.marleychambersassociate.com/expertise/parenting/ Tue, 13 Dec 2022 19:59:07 +0000 https://www.marleychambersassociate.com/expertise/litigation-5/ For situations when children need to be part of the legal process. Issues may include parenting time and decision making.

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Overview

When children are part of a divorce, the parents have a responsibility to continue acting in the best interest of the children during and after the divorce. As such, the parties will need to agree on a parenting plan that sets out the terms of the Parenting Time and Decision-Making Responsibilities related to the children. Formely known as “Child Access”, parenting time is the amount of time that the children spend in the care of the parents, and decision-making (formely known as “Child Custody”) is the responsibility to make important decisions about the well-being of the children. Parenting plans are unique to each situation and must focus on the best interest of the children.

Parenting Time

  • Shared – The children spend at least 40% of the time with each parent.
  • Majority – The children spend more than 60% of the time with one of the parents.

Decision-Making

  • Sole – One parent can make parenting decisions without the need to involve the other parent.
  • Joint – Both parents make parenting decisions together.

Common Issues

  • Decisions – Ensuring decisions are made based on the children’s well-being, including physical, emotional and mental health as well as safety, education, religion, cultural, extra-curricular activities.
  • Schedules – Determining fixed or flexible schedules to accommodate visits during weekdays, weekends, school calendars, holidays, vacations etc.
  • Contacts – Adding other family members or friends to schedules.
  • Assessments – Obtaining expert reports from other professionals to help determine the details of a parenting plan.
  • Relocation – Addressing situations where one of the parents wants to move with the children outside the city, province, or country.
  • Variations – Changing existing court orders or agreements.
  • Supervision – Addressing situations where the presence of a third-party is required when the children spend time with the parent(s) or during exchanges between the parents.
  • Child Abductions – Addressing situations when the children may be taken without the permission of the parent(s) and/or not in accordance with the parenting plan.

How We Help

We can recommend the most appropriate legal method for your unique situation and represent you during the entire legal process. Family law is complex and hiring one of our family lawyers can help avoid costly errors while increasing your chance of success with your case.

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Negotiation https://www.marleychambersassociate.com/expertise/negotiation/ Tue, 13 Dec 2022 19:58:54 +0000 https://www.marleychambersassociate.com/?post_type=app_expertise&p=620 Recommended when both parties are trying to resolve their legal issues in or out of court. Can be used with or without other methods.

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Overview

Negotiation in family law is a non-adversarial method where both parties try to resolve their legal issues without going to court. The parties have ongoing discussions (with or without their lawyers) until they can reach a settlement and set out the terms in a written agreement. It is important to note that independent legal advice is mandatory (for each party) to make the agreement legally binding. Either party can start negotiating at anytime and either party can withdraw at anytime because participation is voluntary. The process ends when the parties reach a settlement or when a party withdraws from the process.

Pros

  • Efficient – You can reach a settlement within a few weeks for a few thousand dollars.
  • Flexible – While often the preferred method early in the legal process, you can combine negotiation with other methods at anytime.
  • Private – Your information is not part of the public record or accessible by the general population (or media).

Cons

  • Unpredictable – Your (ex)spouse can withdraw at any time for any reason, despite all the effort, time and money that you may have invested in the process.
  • Risky – Your (ex)spouse can use negotiation in bad faith, such as delaying the legal process or preventing you from using other legal methods.

Is Negotiation Right for You?

Generally, negotiation may be appropriate when there is a good level of cooperation between the parties, and it can be most effective when the parties have a mutual desire to settle their legal dispute out of court and/or to maintain an ongoing relationship. Negotiation may not be appropriate for some situations, particularly if your (ex)spouse is abusive, uncooperative, unreasonable, elusive and/or has a history of other counterproductive behavioral issues.

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Litigation https://www.marleychambersassociate.com/expertise/litigation/ Tue, 13 Dec 2022 19:57:10 +0000 https://www.marleychambersassociate.com/?post_type=app_expertise&p=278 Recommended when cooperation between both parties is very low, and other legal methods have proven unsuccessful or unsuitable.

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Overview

Family law litigation is an adversarial legal method where both parties resolve their legal issues in court. Together with their lawyers, each party argues their case before a judge and the judge ultimately decides the outcome of the case. The court system is a public service, meaning the legal proceedings occur in traditional court rooms with public servants within government facilities. While the court resources may not always be the most efficient, litigation is often considered the only suitable (and most effective) legal option for some situations. Either party can start a legal proceeding in court at anytime (without the other party’s consent) and the responding party cannot withdraw from the process because participation is mandatory (once started). The legal proceeding ends if both parties can reach a settlement, or when the judge makes a final decision.

Pros

  • Consent – You can proceed with litigation without the consent of your (ex)spouse.
  • Compliance – Your (ex)spouse must comply with the process (and final decision), even when cooperation is low (or not possible).
  • Enforceable – Court orders are enforceable by law, often required when the well-being or safety of your child(ren) or yourself is at risk.

Cons

  • Expensive – Resolving your legal issues may cost tens (or hundreds) of thousands of dollars depending on the level of conflict and/or complexity of your issues.
  • Slow – Resolving non-urgent legal issues can take months or years.
  • Unpredictable – Timelines and outcomes are unpredictable because you have no control over the court resources or schedules.
  • Public – Your information is part of the public record and accessible by the general population (or media).

Is Litigation Right for You?

Generally, litigation may be appropriate when the other legal methods have proven unsuccessful or unsuitable. For some situations, litigation may be the only available legal option, particularly if your (ex)spouse is abusive, uncooperative, unreasonable, elusive and/or has a history of other counterproductive behavioral issues.

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Mediation https://www.marleychambersassociate.com/expertise/mediation/ Tue, 13 Dec 2022 19:56:03 +0000 https://www.marleychambersassociate.com/expertise/litigation-4/ Recommended when both parties prefer to use a neutral third-party to assist them in resolving their legal issues out of court.

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Overview

Mediation in family law is a non-adversarial method where both parties agree to resolve their legal issues without going to court. With the assistance of a neutral third-party (ie. the mediator), the parties have ongoing discussions (with or without their lawyers) until they can reach a settlement and set out the terms in a written agreement. While the role of the mediator is to help the parties reach a settlement, the mediator cannot provide legal advice or impose a settlement. It is important to note that independent legal advice is mandatory (for each party) to make the agreement legally binding. The mediation process occurs in private offices (or virtual) with various types of professionals within the private sector. The parties can also choose the mediator, date, and location of the mediation. Both parties must agree to mediation before starting the process and either party can withdraw at anytime for any reason because participation is voluntary (once started). The process ends when the parties reach a settlement or when a party withdraws from the process.

Pros

  • Efficient – You can reach a settlement within a few weeks for a few thousand dollars.
  • Safe – The mediator will interview both parties separately to ensure the right fit for mediation.
  • Choice – You can select a mediator who has expertise relevant to your specific situation.
  • Private – Your information is not part of the public record or accessible by the general population (or media).

Cons

  • Consent – Your (ex)spouse must agree to use mediation.
  • Unpredictable – Your (ex)spouse can withdraw at anytime for any reason, despite all the effort, time and money that you may have invested in the process.

Is Mediation Right for You?

Generally, mediation may be appropriate when there is a good level of cooperation between the parties, and it can be most effective when the parties have a mutual desire to settle their legal dispute out of court and/or to maintain an ongoing relationship. Mediation may not be appropriate for some situations, particularly if your (ex)spouse is abusive, uncooperative, unreasonable, elusive and/or has a history of other counterproductive behavioral issues.

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Arbitration https://www.marleychambersassociate.com/expertise/arbitration/ Tue, 13 Dec 2022 19:55:50 +0000 https://www.marleychambersassociate.com/expertise/litigation-2/ Recommended when cooperation between both parties is very low, but both sides still prefer to resolve their legal issues out of court.

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Overview

Arbitration in family law is an adversarial method where both parties agree to resolve their legal issues without going to court. Together with their lawyers, each party argues their case before a neutral third-party (ie. the arbitrator), and the arbitrator ultimately decides the outcome of the case. Arbitration is a private proceeding that occurs in private offices (or virtual) with various types of professionals within the private sector. The parties can also choose the arbitrator, date, and location of the arbitration. Both parties must agree to arbitration before starting the process and neither party can withdraw because participation is mandatory (once started). The legal proceeding ends when both parties reach a settlement, or when the arbitrator makes a final decision.

Pros

  • Fast – You can reach a settlement within a few weeks or months.
  • Compliance – Your (ex)spouse must comply with the process (and final decision), even when cooperation is low (or not possible).
  • Choice – You can select an arbitrator who has expertise relevant to your specific situation.
  • Private – Your information is not part of the public record or accessible by the general population (or media).

Cons

  • Expensive – Resolving your legal issues may cost tens (or hundreds) of thousands of dollars depending on the level of conflict and/or complexity of your issues.
  • Consent – Your (ex)spouse must agree to use arbitration.

Is Arbitration Right for You?

Generally, arbitration may be appropriate when other legal methods have proven unsuccessful or unsuitable, but the parties continue to express a mutual desire to settle their legal dispute without going to court. Arbitration is not appropriate if your (ex)spouse does not want to consent to the method.

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Collaborative https://www.marleychambersassociate.com/expertise/collaborative/ Tue, 13 Dec 2022 19:54:59 +0000 https://www.marleychambersassociate.com/expertise/litigation-3/ Recommended when both parties prefer to resolve their legal issues out of court while remaining amicable during the process.

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Overview

Collaborative family law is a non-adversarial method where both parties agree to resolve their legal issues without going to court. Together with their lawyers (and other professionals), the parties have ongoing discussions and negotiations until they can reach a settlement and set out the terms in a written agreement. The collaborative process occurs in private offices (or virtual) with various types of professionals within the private sector. Both parties must agree to collaborative before starting the process and either party can withdraw at anytime for any reason because participation is voluntary (once started). The process ends when the parties reach a settlement or when a party withdraws from the process.

Pros

  • Amicable – The process prioritizes respectful communication and full transparency.
  • Private – Your information is not part of the public record or accessible by the general population (or media).

Cons

  • Expensive – Resolving your legal issues may cost tens (or hundreds) of thousands of dollars depending on the level of conflict and/or complexity of your issues.
  • Consent – Your (ex)spouse must agree to use collaborative.
  • Unpredictable – Your (ex)spouse can withdraw at anytime for any reason, despite all the effort, time and money that you may have invested in the process. In such case, the parties must also find new lawyers because the existing lawyers are required to withdraw from the case.

Is Collaborative Right for You?

Generally, collaborative may be appropriate when both parties have a mutual desire to settle their legal dispute out of court and/or to maintain an ongoing relationship. Collaborative may not be appropriate for some situations, particularly if your (ex)spouse is abusive, uncooperative, unreasonable, elusive and/or has a history of other counterproductive behavioral issues.

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