Work With The Best Divorce and Separation Lawyer Downtown Toronto
When married or common-law spouses decide to separate, it is never easy, and every situation is unique. Kain and Ball divorce and separation lawyers in Downtown Toronto can help you understand your legal rights and responsibilities and answer any questions surrounding the separation or divorce process. Whatever your circumstances, our team is in your corner and we are committed to resolving your issues as efficiently and cost-effectively as possible.
At Kain & Ball Family Law, we understand the issues that can arise from all sorts of family dynamics and marriage breakdown situations and are ready with practical advice and solutions to protect you and your rights. Meet with a leading divorce and separation lawyer in Downtown Toronto today to help you navigate the process of negotiating separation agreements, separation and divorce.
Prenuptial Agreements
A marriage is a partnership, and anyone entering into a partnership should understand the terms of that relationship and any rights and obligations that may arise from it in order to protect themselves and their interests. A Prenuptial Agreement (also referred to as a Marriage Contract or a Cohabitation Agreement in the case of unmarried spouses) is a contract that couples can use to define, expand, or limit their rights and obligations in Family Law which arise from their relationships. For instance, a Marriage Contract or Cohabitation agreement can address obligations such as spousal support and potential property claims so that the couple may manage their affairs according to their own wishes.
Kain & Ball Family Law specializes in all family law matters, including prenuptial agreements- we will assist you in creating an effective marriage contract or cohabitation agreement so that if your relationship ends, you can rest assured that your rights and interests are protected.
In family law, separation occurs once the relationship between spouses is over without the possibility of reconciliation. You and your spouse are considered to be separated once one of you decides the relationship is over, and there is no ‘reasonable chance for reconciliation.’
Before divorce can proceed, married couples must be separated for at least one year. The separation period can begin to run as soon as the spouses no longer reside together, with no possibility of reconciliation. It is unnecessary to have a separation agreement or “legal separation” for a year before commencing a divorce application.
In some cases, separation can occur while the spouses remain under the same roof. Spouses are considered to be living “separate and apart” while they are residing in the same home, provided that they (or at least one of them) have formed the clear intention not to live together as a couple. This type of separation can be one of the most difficult to navigate, and as such, it is paramount that you have the very best advice from a separation lawyer that you trust to assist you.
Separation Mediation Services
Anita Kain is an experienced mediator who has assisted numerous parties, both represented by counsel and unrepresented, to resolve their family law disputes, helping them to reach mutually satisfactory and beneficial final resolutions. Ms. Kain’s extensive experience as a family law lawyer near Downtown Toronto and her creativity with problem-solving make her an excellent choice for mediation services in Downtown Toronto to settle your family law dispute.
Who Can Get a Divorce?
Generally, if you are seeking a divorce in Canada, you must meet the following requirements:
- You have a valid marriage under Canadian laws or a valid marriage under the laws of another country that Canada recognizes;
- You or your spouse lived in the province or territory of Canada where you apply for your divorce for a full year immediately before making your court application; and
- Your marriage has broken down
Marriage Breakdown: Grounds for a Divorce
Filing for divorce is possible even if your spouse does not want to end the marriage. There are different “grounds” to establish a breakdown of marriage in Canada:
- If the spouses have lived separate and apart for at least one year immediately before the determination of the divorce proceeding and were living separate and apart at the time the divorce proceeding started;
- A spouse committed adultery; or
- A spouse treated the spouse seeking a divorce with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses;
“Living separate and apart for one year” is the most common ground for filing for divorce. Spouses may live separately and apart while still “under the same roof” if they have been clear that the marriage is over without the possibility of reconciliation.
Uncontested Divorce in Downtown Toronto
In an uncontested divorce, the only remaining issue remaining for the couple is the dissolution of marriage by a court. These divorces keep fights and conflicts out of the equation, allowing for a less confrontational and stressful divorce process. Separation agreements created upon the start of a relationship help parties navigate the legal process.
Contested Divorce in Downtown Toronto
Before a divorce is finalized, spouses must agree on specific issues relating, but not limited to, the division of property, assets, child custody, and child and spousal support. If a mutual agreement is not reached, it is a contested divorce. The parties will go to court to ask a judge to make their decisions.
Full-Service Divorce Lawyer in Downtown Toronto
There is one ground for divorce in Canada: marriage breakdown. Marriage breakdown can be evidenced by the spouses’ separation for at least one year, by cruelty, or by adultery. Most divorces are granted on the basis of a one-year separation.
The divorce lawyers in Downtown Toronto at Kain & Ball Professional Corporation have extensive experience dealing with parties who are separated and living in the same home. We understand the issues that can arise out of such situations and are at the ready with effective advice and solutions to ensure that your rights are protected.
Top Divorce and Separation Lawyer Downtown Toronto
Retaining the best legal team for you is an important decision. Every person is different; for some people, the decision it’s based on personality; for others, it’s experience. Overall, you want to choose someone knowledgeable and honest. At Kain Law in Toronto and Mississauga, we advocate for your interest, but most importantly, we listen and respond to your needs and provide expert advice. As every client is different, we approach each case differently and assist you in and out of court with ease.
