In Ontario, resolving a family law dispute can be achieved through two main avenues: preparing a cohabitation agreement or engaging in court proceedings. The time required to draft a cohabitation agreement varies based on the complexity of the issues at hand and the degree to which the parties are in agreement or willing to negotiate. It is crucial that all terms of the agreement are mutually agreed upon by both parties. Additionally, each party must receive independent legal advice from their respective lawyers before signing the final agreement.

Sometimes separating couples do not need a full agreement that deals with property and other family law issues, but rather only an agreement that focuses on custody and parenting time after separation. These types of agreement can help remove uncertainties and avoid confusion and disputes that often arise with respect parenting issues post-separation.

Family law issues can be lengthy and complex, not to mention draining during a probably already difficult time in your life, which is why it is important to consult with a legal professional who can at least try and simplify the issues and point you in the right direction even if you are not prepared (whether it be mentally or financially) to retain a lawyer to resolve your matter.

It is sometimes the case that a couple is unable to come to an agreement on their family law issues, even with the help of their respective lawyers. In these cases, it may become necessary to begin a court action by filing an Application with the appropriate court that being the Ontario Court of Justice or the Superior Court of Justice depending on the family law issues in question.

A common misconception is that a marriage contract, or a pre-nuptial agreement, must be entered into prior to marriage, but in fact a marriage contract can be entered at any point during the marriage. With that said, there are certain rights to the matrimonial home that cannot be dealt with by way of a marriage contract.

In family law matters, there are occasions when a spouse or an involved third party must obtain a Certificate of Independent Legal Advice (ILA) to verify their understanding and agreement with the transaction. Maheshi Law Professional Corporation is equipped to assist with all your ILA requirements.