Family Law
At Mostovoy Law, we specialize in family law, providing expert assistance with custody and access, child support and spousal support, property equalization. We understand the emotional and financial complexities that come with separation, and we are dedicated to guiding our clients through these challenges with empathy and professionalism. Our goal is to achieve the best possible outcomes for our clients and their children. Let us support you during this difficult time with our legal advice. ​​We strive to achieve the best long-term financial settlement that you are entitled to. If you have children, we will negotiate a sustainable decision-making and parenting plan in your and your children's best interest.
Separation and Divorce
Separation happens when you and your spouse start living "separate and apart". It means that your relationship has ended by your actions rather than by signing or filing some documents. This includes moving out and living in separate homes, or living in the same house but not sharing a bedroom, finances, meals.
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Unlike separation, divorce is a legal procedure requiring a court order. It means that you have to file application with the court and serve a copy on your spouse. Uncontested divorce can be granted by the court if both spouses agree and there are no contentious issues left between the parties (such as child custody and support). Divorce terminates the marriage and allows ex-spouses to re-marry. Toronto family lawyer will provide expert advise on divorce law.
Child Custody and Access
Parenting issues usually include two major components, decision-making responsibility (known as "custody") and parenting (or "access"). The first one implies ability to make all major decisions for the children, and the other regulates how and when children spend time with each parent.
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The court in any case will use the "best interests of the child" test when making parenting orders. Such factors as the child's relationships with each parent, how much time each parent spend and who is the primary caregiver. A robust parenting plan will be needed to succeed with this matter. Other people who are not parents (for example, grandparents) can also seek access to the child through application for a contact order.
Marriage Contract and Separation Agreement
Marriage contract and separation agreement are a legally binding contracts between spouses or ex-spouses. They resolve issues arising from marriage or separation, such as child custody and access, property equalization, support. If the parties are able to agree on at least some of the issues in a separation agreement, it means they will not have to take these issues to the court, which in turn would contribute to lower legal costs and emotional stress.
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Separation agreement negotiated and drafted by an experienced Ontario family lawyer is probably the greatest solution, although the parties are free to make an agreement by their own. We recommend, at minimum, to obtain independent legal advice before entering into any agreement.
Useful Resources
Child and Spousal Support
Child support amount is determined by the number of children, the parents' incomes, and the child's residential arrangements. If the child resides primarily with one of the parents for at least 60 percent of the time, then the other parent pays child support. It becomes more complicated when the parents have split or shared custody, in which case child support is paid on a pro-rated basis. Child Support Guidelines is the key document regulating this.
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Spousal support issue is far more complex, because it is not granted automatically. First, ex-spouse must establish entitlement to receive support on ether compensatory, needs-based, or contractual basis. Experienced family attorney will help determine entitlement and calculate amounts using Spousal Support Advisory Guidelines.
Property Division
Ontario family law gives married couples a legal right to property equalization. It is important to understand, that property and assets are not divided legally or physically. Rather, the ex-spouses divide net growth of the family property during the marriage. Generally, the spouse whose net family property is greater, will pay the other spouse half of the difference.
Proper financial disclosure is crucial for equalization claims. Both spouses must complete sworn financial statements including their assets, income, and debts.
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Only legally married couples have a right to property equalization, while common-law partners can use constructive trust and unjust enrichment claims.