Frequently Asked Questions After the Breakup

After the Breakup: The Road to Resolution

In this section: Issues Presumptions of the Court Fees

This section is meant to be a very brief summary of a very complex field of law. They are intended to assist you in focusing on the things the courts will see as important as we work towards the resolution of your family law matter.

The role of your lawyer is to assist you in providing the information that will be needed by the courts or the other party's lawyer to assist you in resolving your matter in a timely and cost-efficient manner.

Presumptions of the Court:

1. Children:

The Court considers the following when making decisions regarding children:

Best interest of child - paramount to any other decision about the child
Children do best where both parents are involved
Share or portion of support based on Child Support Guidelines

2. Assets:

Family assets are those assets that are used for a family purpose (such as a house). They will be divided equally, unless it would be unfair to do so.

The Court considers the following grounds in deciding whether an equal division would be unfair:

the duration of the marriage
the time that the spouses have lived separate and apart
the date when property was acquired or disposed of
whether property was an inheritance or a gift
the need of either spouse to become or remain economically dependent or self-sufficient
other circumstances relating to either the property or the capacities or the liabilities of the spouses

3. Spousal Support:

The Court presumes the following when determining spousal support:

Marriage creates an obligation to support.
Obligation to support modified by obligation of both spouses to be self sufficient, if reasonable in circumstances
The courts will use support to compensate a spouse for economic disadvantage he or she suffered because of the marriage
The share or portion of support will be based on the needs and means of the parties and their ability to pay

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