Matrimonial and Family Law

Definition of Family Law                            

The practice of family law deals with all aspects of domestic relationships within or outside marriage such as separation and divorce, property issues, support issues, child custody and access, child protection cases and adoption, and domestic contracts.

• opinions from mental health professionals                

• child legal representation

• sole custody or wardship

• joint custody

• alternate custody arrangements

• mobility

• mental/physical abuse of a party or child

• parenting abilities

• non-removal orders

• withholding, apprehension or abduction of a child

• access and frequency

• request for no access

• parenting dispute

• child support guidelines

• split custody

• shared custody

• entitlement

• over $150,000

• support against spouse who stands in place of parent or impact of second income

• s.7 expenses

• undue hardship

• financial disclosure

• determination of incomes

• imputing of income

• child support provisions in domestic contract including variation and setting

• aside

• definition of parent

• opinions from experts regarding financial issues

• entitlement

• lump sum awards

• periodic awards including limited and long term awards

• limitation period

• need and ability to pay

• determination of income

• financial disclosure

• imputing of income

• spousal support provisions in domestic contract, including variation and setting

• aside taxation

• statutory support objectives

• opinions from experts regarding property or other financial issues

• valuation and appraisal of assets, including pensions, businesses, stock options, and real property

• trusts , e.g. resulting trust, constructive trust, unjust enrichment

• limitation period

• preservation of property vesting, receivership

• non-dissipation

• exclusive possession of matrimonial home

• unequal division of property

• property division between common law couples

• excluded property

• determination of ownership and beneficial interest in business and other assets

• determination of liabilities

• certificate of pending litigation

• property provisions in domestic contract including setting aside taxation

• quantification of net family property and equalization payment

 Cohabitation, Marriage and Divorce

• jurisdiction

• grounds for divorce

• severance

• validity or recognition of foreign divorce

• entitlement to marry

• the terms of a cohabitation agreement including drafting a cohabitation agreement

• the terms of a marriage contract including drafting a marriage contract

• estate issues