During a separation, a number of family law matters must be settled, including:
- Who will live in the family home?
- How will property be divided?
- Who will pay the family debts?
- Who will make child and spousal support payments?
- Where will the children live?
- Who will have the right and responsibility to decide matters of education, health and religion for the children?
- What kinds of visiting rights will the other parent have?
A lawyer will be instrumental in protecting your rights during this uncertain time. We handle all types of family matters, usually associated with separation and divorce. Our lawyers will protect your rights and interests during this challenging time, helping you find creative solutions that are fair to you, and will help your family move forward.
Putting It In Writing
You may come to an informal agreement on all of these questions after separation, but if your spouse decides not to honour it, you will have no legal protection. To better defend your interests, our lawyers will help you negotiate and draft flexible, comprehensive agreements such as:
- Separation agreements: A separation agreement settles distribution of assets, support, custody and access, and any other matters that are important to the two of you as you move on to life as separate individuals.
- Cohabitation and premarital agreements: These agreements give you an opportunity to discuss important matters with your partner, and the opportunity to decide for yourselves what will happen if you ever separate, while you are in a reasonable frame of mind and keeping one another's best interests at heart. Some matters, such as child custody and access arrangements, cannot legally be decided ahead of time. If you sign a cohabitation agreement and then get married, it automatically becomes a legal marriage contract.
For both agreements, you must be completely open about your financial situation and you must be free of any pressure or threats when signing. You should both receive independent legal advice and be separately represented.
If you cannot decide issues in a separation agreement, we will represent your interests in court.
Contact Rochon Genova LLP
Call Rochon Genova at 416-548-9874 or send us an email to find out more about our family law services. We represent clients and families in Toronto, all over the GTA and throughout Ontario.