Practice Areas

If you are considering a divorce or separation, Alibhai Law is an experienced family law practice that can help you understand the process and reach an agreement that works best for you, your spouse, and your children. Some of the ways we assist our family law clients include the following:

Separation and Divorce

Spouses are considered separated when they have started living separately from each other, with no reasonable prospect of reconciliation. This often means that one party has moved out of the family home. Spouses can however, be considered separated, even if they continue to live in the same residence together.

A divorce is the legal dissolution of a marriage that occurs after parties have already separated for a period of one year. Only the Court can grant a divorce. In Ontario, there are two main types of divorce: contested divorce and uncontested divorce. The type of divorce you pursue will depend on whether you and your spouse can agree on key issues such as child custody (decision making responsibility and parenting time), spousal support, and asset division.

Uncontested Divorce

An uncontested divorce, also known as a simple divorce or joint divorce, occurs when both spouses agree to the terms of the divorce and file the application together. This type of divorce is typically faster, less expensive, and less stressful since there is no need for court battles. If both parties agree on issues such as child custody (decision making responsibility and parenting time) and support, the court will approve the divorce without the need for a hearing.

Contested Divorce

A contested divorce occurs when spouses cannot agree on key matters such as parenting arrangements, financial support, or property division. In these cases, the divorce process may require court appearances, mediation, or arbitration to resolve disputes. Contested divorces tend to be more time-consuming and costly as they can often involve legal proceedings to settle disagreements.

Decision Making Responsibility - Formerly “Custody”

Decision-making responsibility, formerly known as custody, is the authority to make significant or “major” decisions about a child’s well-being, including their health, education, culture, religion, and significant extracurricular activities.

Parents can agree on how decision-making responsibility will be shared through a parenting plan or agreement. If parents cannot agree, a court can assign decision-making responsibility through a court order. The Court’s primary consideration is always the best interests of the child.

Parenting Time / Formerly “Access”

Parenting time refers to the time a child spends in the care of a parent, encompassing all periods, including when the child is at school or daycare, and during which the parent makes day-to-day decisions about the child. It also includes holidays and special occasions.

Child Support

Child support is the financial responsibility of parents to support their children after a separation or divorce, ensuring the child continues to benefit from both parents’ financial means. It is a child’s legal right and is typically paid from one parent to the other.

The purpose of child support is to help cover the costs of raising a child, including food, housing, clothing, education, and other necessities.

Generally, the parent who has primary care of the child receives child support payments from the other parent.

Child support amounts are typically determined using the Federal Child Support Guidelines (Federal Guidelines), which are tables that outline how much child support is due, based on income and number of children.

The amount of child support depends on several factors, including the income of both parents, number of children eligible for support , the parenting schedule and any disabilities or special needs that a child may have.

Spousal Support

Spousal support is intended to provide financial assistance to a spouse who may have been economically disadvantaged during the marriage or who needs support to maintain a certain standard of living post-divorce.

Factors considered in determining spousal support are the length of the marriage, roles and contributions of each spouse during the marriage, the disparity in income between the spouses, the financial needs of both spouses, the ability of the paying spouse to afford spousal support, the parenting arrangement that is in place.

Property Division

Property division during divorce generally involves the “equalization of net family property,” meaning spouses share equally in the financial gains accumulated during the marriage.

Net Family Property is the value of all assets owned by both spouses at the date of separation, minus any debts and liabilities, and the value of property owned at the date of marriage. This includes real estate, vehicles, investments, bank accounts, pensions, and businesses.

The spouse with the higher net worth is typically required to make an equalization payment to the other spouse, to ensure an equal share of the financial gains acquired during the marriage.

This payment is calculated as half the difference between the two spouses’ net family property.

Certain assets are excluded from the net family property calculation, such as the value of property owned at the date of marriage and gifts or inheritances, received during the marriage.

The matrimonial home (the home where the family lived during the marriage), is treated differently than other assets, and the Ontario Family Law Act provides specific rules for its division.

Cohabitation Agreement

A cohabitation agreement (similar to a prenuptial agreement) is a legal contract between unmarried partners outlining their rights and obligations, in the event of a separation.

The primary objective of a cohabitation agreement in Ontario is to protect property rights and individual interests within the common law relationship.

Having a cohabitation agreement in place provides certainty and can help avoid costly and stressful legal battles in future.

Marriage Contract

A marriage contract, also known as a prenuptial or postnuptial agreement, is a legally binding agreement between spouses that outlines how assets, debts, and other financial matters will be handled in the event of a divorce or separation, or upon the death of one spouse.

These contracts aim to provide clarity and predictability regarding the division of property and other financial matters, in the event of a marriage breakdown.

Similar to cohabitation agreements, a marriage contract also provides certainty and can potentially prevent costly legal disputes from arising in future.

Separation Agreement

A separation agreement is a written contract between separating spouses or common-law partners that outlines their rights and responsibilities.

It is a legally binding contract, meaning that both parties are obliged to follow the terms outlined in the agreement.

It allows couples to agree on how they will deal with issues arising from their separation, such as property division, child custody (decision making responsibility and parenting time), and support arrangements.

It is a way to potentially avoid going to court in future and can help ensure a predictable and less costly separation process.