Divorce Settlement Agreement: The Complete Guide

Divorce Settlement Agreement: The Complete Guide

Divorce Settlement Agreement The Complete Guide

When it comes to divorce, we cannot imagine how difficult it can be. Many people break down when they decide to start over from scratch. As a result, divorce settlement agreements are crucial to helping you ease the process. 

 

Settlement and Divorce Settlement Agreement – What Are They?

Settlement Agreement: These are legally binding contracts that aim to resolve disputes between all parties. An outcome is agreed to in advance prior to any final judgment being rendered.

Divorce Settlement Agreement: A legal agreement negotiated between the parties before mutual divorce proceedings are initiated. Their separation agreement outlines all the terms and conditions of their separation.

 

Here are the top 4 questions surrounding divorce settlement agreements:

Should I Hire A Divorce Lawyer?

When preparing your divorce settlement agreement, you’re strongly advised to hire an experienced lawyer to create solutions tailored to your specific needs. 

A divorce lawyer will ensure your rights are protected, and will also review your spouse’s draft (on your behalf), ensuring that important legal provisions are added, deleted, or corrected. During the divorce settlement, it is possible to miss some crucial points to discuss. Investing in someone from the beginning will make sure that you don’t end up paying much more in the long run.

 

How To Calculate A Fair Divorce Settlement?

It is common for couples getting divorced to talk about their desire for a “fair” settlement.  It is subjective to determine what is considered a fair divorce settlement, as the concept itself is not universal.  Depending on your perspective, what’s fair to you may not be what’s fair to your former spouse, or what’s fair to the Judge hearing your case.  In spite of this, the Judge must adhere to the legislation before them.

 

Can I Reject My Spouse’s Proposed Divorce Settlement Agreement?

You do not have to sign the first agreement. The first proposal is just the beginning of the negotiation process. You are not obligated to act even if your spouse (or your spouse’s attorney) said you had until a certain date to respond. 

You have to be willing to compromise and move forward if you really want to settle. The best course of action is to ask your divorce lawyer to review your spouse’s proposed Divorce Agreement. It is even possible to negotiate a better deal on your behalf if you don’t like it with the assistance of your divorce lawyer.

 

Is It Possible To Modify A Divorce Agreement?

Absolutely, it can be changed at any time. Unless both parties agree otherwise, most financial provisions, including those regarding debt, property, and almost everything else, are permanent. This can be accomplished through the execution of a “Modification Agreement,” which memorializes the changes agreed to. In order to be effective, a new court order needs to be drafted incorporating the modified Divorce Agreement.

When circumstances have changed significantly since the initial order was entered, you may be able to modify the arrangement if a new arrangement is in the child’s best interests. If your original divorce agreement contains spousal support provisions, they may or may not be modifiable. Make sure the terms of your original agreement clearly state whether spousal support arrangements can be modified or not.

 

Learn More About Divorce Settlement Agreement With Hussain Law

We help you decide if this is the best process for you. Whether we are representing you in a contentious divorce, in negotiating a domestic contract, or in a collaborative process, our aim is to provide practical and cost-effective solutions.

At Hussain Law, we focus on helping our clients navigate separation and divorce’s emotional and financial challenges. If you have a family law issue or want to prepare for divorce that you need assistance with, please contact Ayesha Hussain a divorce lawyer in Toronto at 647-428-3919.

Common Law Marriage in Ontario: Everything You Need To Know

Common Law Marriage in Ontario: Everything You Need To Know

Common Law Marriage

According to Ontario’s common law marriage, a couple must have lived together in a “conjugal relationship” for at least three years before getting married. In the case of couples who have a child, this duration is reduced to a single year.

The law does not accord common-law partners the same rights and obligations as married couples. You can protect yourself if your relationship breaks down by understanding the differences between married spouses and cohabitating partners under Ontario common law.

 

What Is Common Law Marriage?

The term “common law marriage” refers to a marriage that has made legal recognition between two people who are not married legally by obtaining a marriage license or getting married in a ceremony.

 

In Canada, What Is A Conjugal Relationship?

The term “conjugal relationship” in Canada refers to a structured relationship that entails more than just physical intimacy, but also the sharing of home and finances, the presence of friends and family members, and the psychological bond that develops between two people.

 

The Difference Between A Marriage And A Common Law Marriage

Making a life with your partner involves many decisions, from choosing where to live to who cooks to whether or not to have children. 

 

1) Property Sharing

An equalization payment is only available to married spouses. Under the Family Law Act, divorced spouses can file a claim to equalize their net family properties after separating. Net assets acquired during a marriage are divided equally under general rules. There is no equalization payment in a common law marriage. There is no automatic right for a common-law spouse to share property acquired by their other spouse during the relationship; however, there are some circumstances where common-law spouses may have acquired rights to share property.

 

2) Support For Spouses

In the event of separation, married spouses are automatically eligible for spousal support. In the event that married spouses separate, they are automatically entitled to request spousal support from their former spouse; regardless of how long the marriage lasted. 

Common law couples are not legally required to split property acquired when they lived together. Furniture, household items, and other property belong to the person who bought them. Common law couples do not have the right to split an increase in value of the property they brought with them to the relationship. If you contributed to property your spouse owns, you may have a right to part of it. Unless your spouse agrees to pay you back, you may have to go to court to get back your contribution. 

Although there is no requirement to divide property on separation, common law spouses may choose to enter into a domestic contract such as a cohabitation agreement or separation agreement that sets out their respective rights to property.

 

3) The Will And Succession

In common law marriage, spouses cannot inherit from their spouses automatically. When a spouse dies without a will in Ontario, only the married spouse is entitled to their share of the estate. The term ‘intestate succession rights’ refers to these rights. After the death of one spouse, another spouse could ask for an equalization of net family property. Intestate succession rights are not available to common-law spouses, so they cannot seek an equalization of the net family property after the death of their spouse. In the absence of a valid will, they are not entitled to share in the estate.

 

4) The Family Home

Unless a marriage contract states otherwise, married spouses are not allowed to claim credit for equity in their premarital homes if they are still in the “matrimonial home” at the time of separation. The rights of common law marriage are to own and dispose of a family home are governed by ownership, not common-law rights.

 

Learn More About Common Law Marriage With Hussain Law

We help you decide if this is the best process for you. Whether we are representing you in a contentious divorce, in negotiating a domestic contract, or in a collaborative process, our aim is to provide practical and cost-effective solutions.

At Hussain Law, we focus on helping our clients navigate separation and divorce’s emotional and financial challenges. If you have a family law issue or want to prepare for divorce that you need assistance with, please contact Ayesha Hussain a divorce lawyer in Toronto at 647-428-3919.

4 Key Trends Related To Divorce In Canada

4 Key Trends Related To Divorce In Canada

4 Key Trends Related To Divorce In Canada

A majority of people do not plan on getting divorced when they get married. In spite of this, nearly 45% of married couples divorce in Canada.

The following are four key trends associated with divorce in Canada

 

1) Increasing Divorce In Canada

Throughout Canada and around the world, business closures, quarantines, and household isolation measures continued, leaving couples forced into a common home for an extended period under pressure. Experts in divorce law predict divorce proceedings will rise as a result of the Coronavirus pandemic, which could have serious consequences for married business owners.

A survey by Toronto Sun revealed that “Canada had the 29th highest divorce rate — one out of every 309 adults are divorced — with a probability of .324%.”

 

2) The Custody of Children

The legal authority to make decisions for a child whose parents are no longer in a relationship is called child custody.

Canada’s family law gives both parents equal rights of custody unless a court decides otherwise. You will not be able to counter any motions from your spouse unless the courts award you custody. It is therefore vital you become familiar with Canadian custody battles before you can begin your court battle so that you are able to convince the courts to give custody of your child to you.

 

3) The Breakdown Of A Marriage

It is insufficient to look at Canadian divorce rates alone since they do not include judicial separations, overseas divorces, or desertions. Divorce rates are not reflecting the breakdown of common-law unions, despite the increase in these unions, as they have become easier to obtain since divorce has become easier to obtain.

Three significant factors are associated with the risk of a breakdown in marriages:

  1. Considering the age of the bride and groom
  2. The duration of the marriage
  3. A spouse’s commitment to their marriage.

Moreover, remarried Canadians are considerably less likely to report that being married is an important source of happiness for them.

 

4) Changing Federal Policies

Separation and divorce are federal matters. Despite legal and other difficulties, divorce became easier to obtain. There are two ways to obtain a divorce: either through a matrimonial offense or through the end of a marriage. 

According to the revised act, divorce is now “no-fault” and sole cause of divorce depends on either living apart for at least one year or committing adultery or physically or mentally abusing the other spouse. 

According to the latest divorce statistics, almost 95 percent of divorces resulted from at least one year of separation between the parties.

 

Prepare For Divorce With Hussain Law

Divorce can be emotionally and financially draining and highly unpredictable. Learn more about trends related to divorce in Canada with the right lawyer who can provide you with family law solutions tailored to you.

At Hussain Law, we focus on helping our clients navigate separation and divorce’s emotional and financial challenges. Our office remains fully operational, and we have implemented various new procedures that allow us to continue to advise clients seamlessly during this time. 

If you have a family law issue or want to prepare for divorce that you need assistance with, please contact Ayesha Hussain a divorce lawyer in Toronto at 647-428-3919.

Divorced Couples and the COVID Vaccine

Divorced Couples and the COVID Vaccine

Divorced Couples and the COVID Vaccine

In the COVID-19 pandemic, most of us have been hit hard, but some families have suffered more intensely, even ending up divorced due to the pandemic and issues related to COVID Vaccine

There may be disagreements and arguments between divorced couples about many things, such as finances, their lifestyle, and their children. Nevertheless, once a marital settlement agreement has been signed (legally divorced), they are obligated to adhere to its provisions. Divorced couples are likely not to have settled their dispute over the COVID vaccine, more specifically whether or not the kids should get it. 

How do divorced couples deal with their disagreements regarding the COVID vaccine?

Suppose one parent wants their children to receive the COVID vaccine and the other parent does not?

Most often, a parent with sole custody or sole decision-making authority should be in charge of major medical issues, including vaccinations. In general, courts favor a parent’s decision that is made in the child’s best interest, unless there is compelling evidence that the decision is otherwise.

 

Common Parenting Issues Related to COVID-19

Since the start of the pandemic, a number of urgent motions have been heard concerning concerns about parental behavior in relation to COVID protocols and other related matters. 

  • Parental disagreements over whether to send their child to school in person or online have occurred in some cases. 
  • In other cases, one parent may have concerns about the other parent’s lax attitudes toward hygiene, wearing a mask, and/or distance themselves from one another.
  • The risk of harm to a child increases when one parent lives with an elderly relative or if the child suffers from a pre-existing condition. There have been instances in which parents have brought urgent motions to change existing arrangements for parenting, while others have sought to enforce orders when the other parent refuses to comply, citing health concerns.

 

What is Ontario Court’s Decision on Vaccination and Children

On the other hand, Ontario’s courts also tend to support vaccinations in children. Unless there is some evidence that the vaccine is not in the child’s best interests. For example, when a child is allergic to a component of the vaccine in question. If a parent objects on the basis that there are health risks to the child, the court will require medical evidence from the objecting parent.

Government officials and public health officials have endorsed the safety and efficacy of the Covid-19 vaccine, according to the court. The National Advisory Committee on Immunization (NACI) strongly recommends vaccination of children because the benefits are well known and outweigh the risks.

 

What Can I Do if I Do Not Want My Kids Vaccinated?

If your children have a history of prior illness or other health issues making vaccines dangerous for them. Then you can attempt to challenge this decision. However, all signs seem to point towards your failure in this endeavor of winning in court.

It will still be up to the courts to decide the vaccination issue for children. However, it is important before going to court with your former spouse that you consider this analysis.

The vaccine’s safety has been thoroughly reviewed by Health Canada and NACI, so exemptions are rare.

If a parent opposes vaccination against Covid-19 for their child, there are potential risks. As a result, they may be unable to fulfill their parental responsibilities, such as making medical decisions for their children. If there is high conflict between parents, it can result in orders reallocating parental responsibilities.

 

Tips For Divorced Couples on COVID Vaccine Who Are Sharing Child Custody and Co-Parenting 

  • Stick to the court-ordered parenting schedules as much as possible
  • Maintain structure and routines
  • Reduce the risk of spreading COVID-19
    • Regular hand washing
    • Cleaning and sanitizing frequently touched objects
    • Staying home as much as possible
    • Follow public health guidance if you or your child has COVID-19 or have been exposed to someone with COVID-19.
  • Keep conflict away from children

 

Stay Healthy Stay Safe!

 


 

At Hussain Law, we focus on helping our clients navigate the emotional and financial challenges of separation and divorce. Our office remains fully operational, and we have implemented various new procedures that allow us to continue to advise clients seamlessly during this time. If you have a family law issue that you need assistance with, please contact Ayesha Hussain at 647-428-3919.

 

How will the Omicron variant affect divorcing couples?

How will the Omicron variant affect divorcing couples?

How will the Omicron variant affect divorcing couples?

Coronavirus pandemic is affecting many families in ways we could never have predicted, and this has a significant financial and emotional impact. Families, especially those undergoing a separation or divorce, are now accustomed to the pandemic throwing curveballs every three or four months. This is no different with the Omicron variant affecting divorcing couples.

Here are just a few of the many negative impacts COVID-19 has had on our everyday lives:

  • During this time, many children will be home from school for weeks rather than months.
  • A large number of people are working at home for the first time, or worse, losing their jobs.
  • Many fear that the economy will not bounce back for some time.
  • “Stay at home” orders and “Curfew” are in effect in some provinces.
  • Anxiety and unrest are certain outcomes. The perfect storm for stress exists even in the happiest of households.

 

Should I Be Concerned About the Omicron Variant? 

As a result, health organizations have been alerting the public that Omicron is spreading new COVID-19 infections around the world-particularly in places with low vaccination rates.

However, experts say there’s no need to panic despite the rising COVID-19 numbers as vaccination is available to everyone from ages 5 to 19, booster shots are available to those 16 and older, and health officials know how to prevent the spread of this virus.

Even with widespread frustration and concerns, this is the time when it is even more important for you to keep your children from being drawn into divorce and court battles. The following tips will help you do just that:

 

1) Stabilize yourself

It is vital to keep calm in the home during the current Coronavirus outbreak, as temperatures may literally rise and the virus may result in closer quarters or even quarantines.

 

2) Improve your co-parenting skills

Make sure you maintain the relationship between your children and their other parents. Keep your tone neutral and your children’s interests at the forefront when you speak with your ex-spouse. 

 

3) Being transparent is important 

Make sure that you and your child are transparent about where you are staying, especially if you are quarantined or self-isolated. That means that the other parent must be notified before traveling, regardless of whether it is by car or airplane.

 

4) Communication is key

As a result, you may have to talk more about your children’s health, emotions, and homeschooling than you usually do. In order to accomplish this, you must include the other parent in your conversations.

 

5) Know what you’re doing 

Keep in mind that the court orders are still in effect, and remember to abide by the orders with regards to access, phone calls and FaceTime.

 

6) Flexibility is important

Changing the school schedule and dealing with medical issues may be necessary. 

 

7) Be reasonable. 

In a situation like this, a good safeguard is to consider what is in your child’s best interest.

 

To Conclude

It is important for you to remember that there are numerous resources available to you. A mental health expert who specializes in this type of issue may also be helpful in addition to working with a lawyer. During periods of high transmission, like the current Omicron surge, layer your defenses and reduce your household’s exposure to risk.

When you are going through these incredibly stressful times, you must make your children’s mental and physical well-being a priority.

 

Take care of yourself and stay healthy!

 


At Hussain Law, we focus on helping our clients navigate the emotional and financial challenges of separation and divorce. Our office remains fully operational, and we have implemented various new procedures that allow us to continue to advise clients seamlessly during this time. If you have a family law issue that you need assistance with, please contact Ayesha Hussain at 647-428-3919.