If you and your spouse have resolved all outstanding matrimonial issues or if you are simply looking for an uncontested divorce, we are pleased to our services to you for an uncontested divorce for the extremely reasonable fixed fee amount of $699.00 plus H.S.T. and disbursements.
In the event there are contested or unresolved issues with your spouse, whether that be children’s issues, spousal support or a property settlement, we recommend that you schedule a consultation prior to filing for a divorce.
Child Custody and Access
Child custody and access matters can be resolved by way of a negotiated agreement or when circumstances require, by way of the courts. In either case, we provide the assistance and guidance you require to ensure that your rights and interests are protected. Jason Allan is experienced in representing clients in complex and emotionally challenging child custody and access matters.
Fortunately for family law litigants, the Federal Child Support Guidelines have taken the guesswork out of child support matters. There are now standard guidelines in place which dictate how much child support a parent must pay. However, even with the Guidelines in place, there are numerous, complex issues that may arise when child support is in issue, such as:
- Calculating a payor’s income, especially for cases in which the payor is self-employed or his/her tax return does not otherwise reveal the payor’s true income
- Dealing with special or extraordinary expenses such as extracurricular activities
- Dealing with educational expenses
- Changing child support based on income changes
- Ending child support payments
Jason Allan has a proven track record of success in dealing with these issues and will give you a clear sense of your entitlement with his no-nonsense straightforward approach.
Spousal support can be a challenging and complex area. Unlike child support, there are no uniform, binding guidelines in place (there are non-binding advisory guidelines known as the Spousal Support Advisory Guidelines). Spousal support claims are often made contentious because of the general reluctance on the part of a spouse to pay support in the event of a relationship breakdown.
Some factors that are relevant in spousal support claims generally include:
- Length of the relationship
- Number and ages of any children
- The spouse’s income and earning potential
- The relationship history including whether one spouse left the workforce
Jason Allan has extensive experience representing clients in spousal support claims whether it is acting on behalf of dependent spouses who are bringing claims for support or in responding to such claims.
Following the dissolution of a marriage, the Family Law Act provides in general terms that spousal property is to be divided equally. While this is often a straightforward process, people frequently miscalculate or otherwise fail to appreciate their respective rights and obligations regarding their finances after a marriage. There are often nuanced and complex issues which must be considered, including: the value of business, the appropriate date of marriage credits for assets brought into the marriage, how to consider debts on the date of marriage or date of separation, how to deal with property that was inherited.
With a strong financial background, Jason excels at resolving financial issues in family law matters. Jason has been successfully involved in numerous lengthy and complex trials where a financial dispute has been the focus of the litigation.
Common Law Property Disputes
In Ontario, you are considered to be in a common law relationship if you have resided together with your partner for a period of three years or more or if you and your partner live in a relationship of some permanence and have a child together.
Unlike married spouses, in common law relationships, there is no legislation which provides for an equal division of property. The rules so to speak are therefore different. Common law spouses do have claims available in which they can claim an interest in their spouse’s assets (either in the assets themselves, such as a home, or for a share in the value of the assets). The merits of the claim depends upon the length of the relationship, the respective contributions made by the spouses—financial and otherwise—and other factors.
Jason has successfully acted for common law spouses in complex property claims.
If you were in a common law relationship that has ended or if you are considering a separation from your common law partner, it is important to seek legal advice as to your rights and obligations.
A domestic contract is a contractual agreement between two people who are or were involved in a relationship. In the contract, with some limitations, each individual can set out in contractual form their respective rights and obligations regarding all family law issues. The main types of domestic contracts include:
- Cohabitation Agreements: these are often signed by people who wish to live together but do not want to get married. Each party can set out how they wish to deal with such issues as a) support and b) a property division in the event of a separation or the death of one party
- Marriage Contracts: these are often called “prenuptial agreements.” These contracts are used by people who are married or who intend to marry. In a Marriage Contract, the spouses can set out how they want to divide their property in the event of a separation as well as terms regarding spousal support.
- Separation Agreements: these are negotiated and signed following the breakdown of a relationship. The contracts become the mechanism by which the spouses agree to the resolution of all issues arising out of the marriage and separation, including the division of property, children’s issues and spousal support. Due to the costs involved in contested matrimonial litigation, most couples agree to amicably resolve their affairs by way of a separation agreement following the breakdown of a marriage.
In addition to preparing domestic contracts, Jason offers independent legal advice to spouses who are asked to sign such agreements.