Property Asset Division
Property division can be one of the hardest factors of a separation. You often are forced to part from some of your assets, memories and sometimes your family home. Our firm creates custom made strategies to ensure that you get the best possible outcome for a fair and meaningful property and debt division.
Child Custody and Access
We understand at Sangster Law that custody and access disputes are some of the most important times of your lives. It is for this reason that Sangster Law is dedicated to getting you exactly what is in your children's best interest. We also understand that your family often suffers great financial stress as a result of your separation and we have created a fee structure that attempts to save you the most amount of money possible.
Best Interest of Your Child:
The most important factor courts consider when deciding a custody and access dispute is what order will be in the children's best interest. This is the number one requirement for all custody and access litigation. This section is found in section 24 of the Children's Law Reform Act.
Section 16(10) of the Divorce Act requires that children should spend as much time with both parents as long as it is in the best interest of their children. It is often for this reason that many families fight for an equal parenting time.
Sangster Law assist clients in cases where another parent is attempting to limit your relationship with your child. These cases are very difficult as they entail the very sensitive emotions of children. It is for this reason that experienced counsel such as ourselves are in the best position to assist you.
Our main focus is to limit the instances where parents can negatively influence a child and create a path for parents to rehabilitate their relationship with their children.
Family Law Settlements
You would be surprised how much money you can save by co-operating with your ex-spouse. Family law settlements can cost as little as $1,000.00 and rarely surpass $5,000.00. The litigation route often costs a minimum of $3,000.00 and can cost as much as $70,000.00. There was one case in Toronto where both parties' legal fees surpassed $400,000.00 by the time the parties arrived at trial.
It is therefore in your family's best interest to save your money and attempt to resolve your problems amicably.
Luckily, Sangster Law's fee structure keeps our legal fees much lower than our competition on average. If you wish to resolve your matter through a family law settlement please give us a call so we can help your family heal as amicably as possible.
Relocation of a Child (Mobility)
When a parent wishes to move a child out of their current city there are serious ramifications for the family. Firstly, it is often the case that access will no longer look the same once mobility occurs. It is for this reason the courts have implemented strategies for dealing with parents who wish to relocate.
This area of law can be very complex. It is recommended that you seek the services of experienced counsel to assist you if you wish to move and if you wish to oppose a parent from moving.
Common Law Spouses
There are different laws which affect common law spouses as opposed to married couples upon separation. The major distinction is common law spouses are not entitled to the same rights as married spouses upon separation. There are clear differences in which clients receive a right to an equal division of family assets. If you have any questions about these differences please feel free to ask us or set up a consultation.
Spousal support is governed by two acts in Ontario. Firstly, the Family Law Act allows for spousal support to be payable to common law and married spouses. The Divorce Act is only available to married spouses. These cases can be highly conflictual and it is recommended that you seek legal advice to ensure that you obtain the right amount of spousal support or to ensure that you do not over pay by not knowing all exceptions available to avoid paying spousal support.
Child support is governed by the Child Support Guidelines. The rules are relatively straight forward with respect to disclosure and child support obligations.
In order to be divorced you must have been
Separated for at least one year;
Committed or been a victim of adultery; or
Been a victim or perpetrator of physical or mental cruelty.
There are often two types of divorce: Contested and uncontested Divorce.
Contested Divorce means some terms of your divorce related to money or custody are being disputed before a divorce may be granted.
Uncontested divorces mean the contested issues have already been resolved or you have decided to separate the divorce from the other issues.