Lerners LLP | Toronto & London, Ontario

Contact

Family Law

We've listened, understood, and helped families for three generations

Life events such as marriage, childbirth and divorce are emotional times. When families come together or break apart, feelings run high. The law is there to protect you, but it can be confusing when you're facing issues like this for the first time and feeling very vulnerable. That's why it's so important to have sound and skilled legal counsel during this critical life transition.

At Lerners, we've seen hundreds of families through these difficult times. We have written marriage contracts, negotiated separation agreements, finalized divorces, negotiated property division, fought custody battles, and dealt with support orders. We've seen the law change and become more complex over time. Financial affairs in particular need to be arranged differently now and can involve contracts, tax, wills and litigation.

We're here to think ahead on your behalf and know the consequences of not taking certain actions. We always try to first negotiate a prompt and fair resolution, but if negotiation fails, there will be no hesitation in going to court.

As our client during this difficult time, you get the full depth of knowledge and experience of our Family Law Group, plus the expertise of our colleagues in other practice areas such as Estate Planning and Business Law.

Areas of Expertise

Child Custody

Nothing is as traumatic as the division of a family. We help our clients through this difficult time, spelling out their options, making them aware of resources such as counsellors, and advocating for solutions to help parents and children preserve their family bonds in the face of domestic breakup.

Property Division

Property division on marriage breakdown involves a detailed examination of what property the spouses own, the extent to which the spouses each contributed to the acquisition of that property, and the value of the property.

Often, couples own much more than the family home and a vehicle. They may own farm property, interests in privately held corporations or vacation homes outside Canada. The Family Law team at Lerners frequently represents clients on issues such as these, where the property involved ranges from straightforward to highly complex. Where needed, we consult our colleagues inside the firm on particular legal points such as corporate ownership issues. We also work regularly with other experts, such as appraisers and accountants, to make sure we secure the best outcome.

Divorce

Since fault in marriage breakdown, such as cruelty or adultery, is now rarely used as the basis for getting a divorce, divorces have become much more straightforward. Property division and support are usually the thornier issues to resolve. Once these matters are finalized, however, we help our clients go through the necessary steps of divorce to bring their marriage to a formal end.

Separation Agreements

When a couple first separates, they need to sort out some issues immediately, at least on a temporary basis. Who will live in the home? Where will the children live? If the separation will be permanent, decisions on matters such as custody, child support and property division must be made.

We can help you address these matters through negotiation and drafting of a separation agreement—either to take care of urgent issues on an interim basis, or to resolve, in a final and comprehensive agreement, all of the questions that arise when a relationship breaks down.

Marriage Contracts

When you're planning a wedding, usually the last thing on your mind is how to protect your legal rights. Sadly, about 50% of marriages now end in divorce, so it's important to take this life step realistically. Marriage contracts can remove anxiety about how financial matters would be resolved should the marriage break down, and can establish a well-planned legal foundation for a relationship.

Support Orders

Supporting oneself and providing for one's family is fundamental to a sense of personal security. We've helped parents in need obtain support for their children and themselves. We've also helped clients in reduced circumstances obtain lower support payments.

Court/Mediation/Arbitration

Sometimes a ruling or rulings from a third party are necessary to bring matters to a close. Our family law lawyers are prepared to assist clients in court, on mediations, or at arbitrations. We ensure your case is fully and clearly aired, and the flaws and weaknesses in the other party's case are fully exposed.

We're ready to listen and help. If you find yourself in a situation that requires the expertise of a solid family lawyer, you can find a family law lawyer who meets your needs through our site, or contact us via e-mail for assistance.

Frequently Asked Questions

My fiancé and I will live in the home that I own after we marry. My brother, who is divorced, says I could lose the house if my husband and I were to divorce. How can that be?

People spend a lot of time planning details of their wedding, but very little time planning for the legal changes that marriage brings about. An experienced family lawyer can go over your situation and help you draft a domestic contract that will be very helpful should the marriage break down. A consultation with an experienced family lawyer is well worth the fee, and may save you much time, money and grief in later years.

What should I do about my will now that my husband and I have separated?

Wills should be reviewed regularly and updated as your life circumstances change. Make an appointment to see your family lawyer to discuss the implications of separation on your will.

I'm thinking of taking the plunge again. I've got kids; she's got kids. Should I be talking to someone about our situation? I don't want things to end up like they did last time.

Statistics show that most divorced people do remarry. Often, people who are remarrying not only have more complicated circumstances than people who are marrying for the first time"they also know what can go wrong in a marriage. They often recognize the need to think clearly about the assets that they are bringing into the marriage. A carefully drafted domestic contract may bring a sense of security to the new marriage. It's important to deal with a lawyer who practises family law, because the law is constantly changing and only someone who deals with these situations regularly will have the experience to handle your situation.

I think our marriage is over. Should I move out?

Not until you've seen a good family lawyer! This is a very serious question that family lawyers wish more clients would ask before they do anything. Anyone whose marriage is coming to an end needs a fast education in legal rights and obligations. Moving out can make a huge difference to the outcome of your case, like who gets custody of the children. If safety is a concern, leaving the home and seeking court-ordered protection may be the first thing to do after seeing a family lawyer. But all circumstances are different; you need to understand exactly what's right for you. Your consultation with a family lawyer will help you determine what is in your best interests over the long term.

We've separated and I don't know anything about our bank accounts or our insurance. What can I do?

This is one of the reasons that we advise people to see a lawyer before they move out. The law provides that when a marriage breaks down, there must be full financial disclosure on both sides so that informed decisions can be made in reaching an agreement about separation issues. We can tell you what information is required and help you to get access to documents in your spouse's possession. Since these situations can be very complicated, it's important that you get good legal advice as soon as possible.

Our son and his wife have separated and we're afraid we'll never see our grandchildren again. What can we do?

Because divorce is so common in today's society, you are not alone in your concern. There are often things that can be done, and a consultation with a family lawyer will enable you to determine how best to protect your relationship with your grandchildren.

I have been offered a very good job in another province. I'm afraid my ex won't let me take the children with me. What can I do?

The issue of mobility often triggers a review of custody agreements. While the Charter of Rights and Freedoms gives you, as an adult, the right to move, the courts have the right to determine what is in the best interests of the children"which may or may not be to permit them to move. Mobility is an issue for both custodial and non-custodial parents; the cost implications for the parent who must travel to visit the children or have the children come to visit must be examined. It's a good idea to see your lawyer before accepting the job, so that you understand the consequences of the move.

My partner and I aren't married, but we've lived together for a long time. I suspect that he's planning to leave me. Do I have any legal rights, even though we're not married?

You certainly do. While the property rights for couples who live together are different from those for married couples, there are rights nonetheless. They may depend on how long you've lived together, and who bought or did what during the partnership. You should seek legal advice as soon as possible.

If you have any other questions or seek consultation with a family lawyer, see our Family Law lawyers or contact us at any time. You should be aware that there is a fee for a consultation with a family lawyer, but it could well provide peace of mind today and save years of anguish in the future.

What they’re saying

“(Lerners is) arguably Ontario's leading litigation firm.”

Canadian Lawyer Magazine

Lerners Community Matters


» Read more…