Family Law

01 Independent Legal Advice

02 Parenting Time

03 Child and Spousal Support

04 Division of Property

05 Cohabitation, Prenuptial, and Separation Agreements

01 Independent Legal Advice

Independent Legal Advice (“ILA”) means receiving legal advice from a lawyer who is acting only for you, and who is completely independent from the other party and their lawyer.

ILA is often required—or strongly recommended—before signing important legal documents. Its purpose is to ensure that you fully understand what you are agreeing to and that your decision is informed and voluntary.

When you obtain ILA, I will:

Review the agreement or document with you in detail
Explain your legal rights and obligations
Identify any risks, consequences, or potential disadvantages
Answer your questions in clear, practical terms
Confirm that you understand the document and are not being pressured to sign

This process helps protect you from unintentionally giving up rights or assuming obligations you do not fully understand.

02 Parenting Time

Parenting time refers to the time a child spends in the care of each parent following separation or divorce. The focus of any parenting time arrangement is the best interests of the child, with an emphasis on stability, consistency, and the child’s emotional and developmental needs.

Parenting time is not about parental “rights” or “winning.” It is about creating arrangements that support a child’s well-being while recognizing the roles of both parents.

Regular parenting schedules
Holiday, vacation, and special-occasion arrangements
Shared or primary parenting time
Transitions and exchanges
Provisions for communication between parents and with the child

How Parenting Time Is Determined

Parenting time may be addressed through agreement or court order and can include:

Courts consider a variety of factors, including the child’s age, routines, relationships, and each parent’s ability to meet the child’s needs.

03 Child and Spousal Support

Child support is a legal obligation designed to ensure that children continue to be financially supported by both parents following a separation or divorce. The focus is always on the best interests of the child, not on the parents’ disputes.

In most cases, child support is determined using the Federal Child Support Guidelines, which take into account the paying parent’s income and the number of children. However, many situations are more complex than a simple guideline calculation.

Accurate financial disclosure is essential. Income issues, self-employment, bonuses, commissions, corporate structures, or fluctuating earnings can all affect the proper amount of support.

Spousal support is intended to address the economic consequences of a relationship breakdown and to promote fairness between spouses following separation or divorce. Unlike child support, spousal support is not automatic and depends on the specific circumstances of the parties and the relationship.

Entitlement, amount, and duration of spousal support are assessed on a case-by-case basis.

The length of the relationship
The roles each spouse assumed during the relationship
Differences in income and earning capacity
Financial need and ability to pay
Whether one spouse experienced economic disadvantage as a result of the relationship or its breakdown

How Spousal Support Is Determined

Courts consider a range of factors, including:

In many cases, spousal support is guided by the Spousal Support Advisory Guidelines (SSAGs). While not legally binding, the SSAGs provide ranges for amount and duration and are widely relied upon in negotiations and by the courts.

04 Division of Property

Division of property addresses how assets and debts are dealt with when a marriage breaks down. In Ontario, married spouses are generally entitled to an equalization of net family property, which is intended to fairly divide the value accumulated during the marriage.

Property division focuses on value, not on who holds title or who paid for a particular asset.

Assets owned on the date of separation
Debts and liabilities existing on the date of separation
Certain exclusions and deductions, such as assets owned on the date of marriage

How Property Is Divided

Under Ontario’s Family Law Act, each spouse calculates their net family property, which includes:

The spouse with the higher net family property typically owes the other an equalization payment to achieve fairness. Special rules may apply to the matrimonial home, which often requires careful analysis regardless of ownership or financial contribution.

05 Cohabitation, Prenuptial, and Separation Agreements

Cohabitation, prenuptial, and separation agreements allow individuals and couples to define their rights and obligations with clarity and certainty, either before entering a relationship or following its breakdown. These agreements can help reduce conflict, protect assets, and provide predictability during significant life transitions.

When properly prepared, negotiated, and supported by independent legal advice, domestic contracts can be an effective alternative to litigation.

Cohabitation Agreements

Apply to couples living together but not married. They can address property ownership, financial responsibilities, and spousal support, and may later be converted into a marriage agreement.

Prenuptial Agreements

Entered into before marriage to address property division and spousal support in the event of separation. Commonly used to protect pre-marriage assets, family property, or business interests.

Separation Agreements

Entered into after a relationship breaks down. Typically address parenting arrangements, child support, spousal support, and division of property—a clear framework moving forward.

Common Issues Addressed

Division of property and debts
Ownership or exclusion of specific assets
Spousal support entitlements or waivers
Parenting arrangements and child-related expenses
Financial disclosure obligations
Dispute resolution mechanisms

Full financial disclosure and independent legal advice are essential to ensure that these agreements are enforceable.

I provide careful, strategic advice in the preparation and review of premarital, cohabitation, and separation agreements. My focus is on creating clear, fair, and durable agreements that reflect my clients’ goals while minimizing the risk of future disputes or challenges.

If you are considering a domestic contract or have been asked to obtain independent legal advice before signing an agreement, I would be pleased to assist you.