The current COVID-19 pandemic has dominated our working and private lives. It is not surprising that the pandemic has greatly impacted all areas of family law and has created unprecedented challenges for separated parents. Self-isolation and social distancing orders have presented a host of challenges for parents dealing with access and parenting arrangements. Many parents have lost jobs or suffered other economic losses during the pandemic which has left them unable to fulfill their current support obligations. An increase in domestic violence has been another unfortunate result of the pandemic, which may increase the need for restraining orders and peace bonds. While the Ontario Superior Court of Justice and the Ontario Court of Justice have suspended regular operations, they continue to hear urgent family law matters. The closure of the courts highlights the need for cooperation between parents and their counsel during these times. At Gilbertson Davis LLP, we have … Read More
What is a legal separation?
In Ontario, there is no such thing as ‘legal separation’. Married couples need to get divorced to finalize their separation and common law couples are not required to complete any formal process to separate. Separated spouses may wish to enter into a separation agreement. A separation agreement is a domestic contract between both spouses who no longer wish to remain together. A separation agreement can detail rights and obligations relating to property, spousal support, obligations relating to children, and any other issues that spouses may wish to regulate. Once the agreement is signed by both parties and witnessed, it is a legally binding contract just like any other and you cannot change the terms without an amendment or court order. Both spouses should always take independent legal advice to help avoid any agreement being overturned. Separation agreements are not mandatory, but they can provide a reassuring avenue to avoid acrimonious … Read More