Family and Divorce Law Firm in Canada

Stanchieri Family Law

1595-16th Avenue
#301
Richmond Hill, Ontario L4B 3N9
Canada

 (647) 367-9507
 (647) 435-3649

www.TorontoFamilyLawyer.net
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Law Firm Overview

Stanchieri Family Law is an experienced, dedicated law firm located in Canada. We are a boutique family law firm that offers legal advice & services to individuals who need help with their divorce or separation. Our experienced lawyers practice exclusively in family law, and are also certified collaborative family lawyers. Our main office is downtown Toronto, and we also have an office in Richmond Hill to serve people in North Toronto.

Every family matter is different, which is why we develop strategic and creative legal solutions tailored to your unique family, financial, and emotional situation. We have been successful litigating vigorously in court and negotiating amicable solutions out of court. Either way, we’ll evaluate the pros and cons together so you can make the decision that will be most favorable to your unique situation, both short-term and long-term.

When it comes to your legal family matters, you not only need a lawyer with the right skills, experience, and expertise, but they should also practice in the area of family law (versus multiple areas of law). With Stanchieri Family Law, you can feel confident because all our lawyers practice exclusively in family law.

Practice Areas

Additional Practice Areas: Common Law; Property Division; Domestic Contracts; Cohabitation Agreements; Marriage Contracts; Parenting Agreements.

Practice Areas Description

Stanchieri Family Law offers legal representation on the following areas of practice:

- Alternative Options

* Arbitration

Arbitration is similar to a court hearing. Evidence is called and the arbitrator makes a decision in accordance with the law. During the arbitration, both parties have an opportunity to put forward argument to support their positions before a decision is rendered. The arbitration judge is often a family lawyer and the process is conducted privately. The decision is binding on both parties and can be enforced through the courts should one party fail to abide by the ruling.


* Collaborative Family Law

The parties enter into a private domestic agreement instead of going to court in a public forum. If they cannot settle their issues through the collaborative process, the parties would need to get new lawyers if they want to be represented in court. This factor gives the parties more incentive to resolve their disputes. The collaborative approach can be less costly than a highly adversarial court proceeding.

* Mediation

Mediation is a dispute resolution method. It allows clients to negotiate family law issues outside of the court process with the assistance of a third party mediator. Both parties must agree to this process and it is recommended that both parties retain independent legal counsel before the process begins. Mediation may not be appropriate for parties who have a history of violence or abuse throughout the relationship or if there is a power imbalance between the parties. If the parties do undertake mediation under these circumstances, special precautions must be taken by the mediator and counsel representing the vulnerable party to ensure that there is no undue pressure during the process.

- Divorce & Separation

* Common Law

The issues arising out of a common law separation are similar to those addressed in a matrimonial separation but the law relating to each of these categories may differ. Issues and potential sources of dispute arising out of a common law separation may include property division, child support, spousal support and custody/access. As is the case with matrimonial disputes, the method of dispute resolution for common law separating spouses is determined on a case by case basis, in collaboration with the client.

* Matrimonial Separation / Divorce

There are many issues or potential sources of dispute which may arise as a result of the separation of married spouses. These issues may include division of property, child support, spousal support and custody/access. The method of dispute resolution applied to each matter is determined, with the client, on a case by case basis. We use alternative dispute resolution methods and/or the court process, to resolve each issue or potential source of dispute, depending on the individual needs and goals of the client. The final terms of resolution are captured in a separation agreement or court order, depending on the process used to resolve the dispute.

* Property Division

A married spouse has the legal right to make a claim for the equalization of net family properties. Each party must fully disclose what he or she had on the date of marriage and date of separation as well as his/her current assets and liabilities so that any net assets acquired during marriage may be equalized. Once each spouse has made full financial disclosure, a net family property value for each spouse must be determined. The spouse with the higher net family property pays half the difference between the net family properties to the other spouse.

- Domestic Contracts

* Cohabitation Agreements

A cohabitation agreement is appropriate for parties who wish to cohabit, but would like to determine in advance issues such as division of property, spousal support or other matters associated with the termination of their relationship. A cohabitation agreement may stipulate how much support will be paid, who will retain which assets, and buy out provisions for a jointly owned home. These are only some examples of the types of things spouses may address in a cohabitation agreement. Each agreement is tailored to the specific needs and goals of the parties.

* Marriage Contracts

A marriage contract is a good option for those wishing to avoid the argument, financial cost and time of a post separation dispute or for those who wish to opt out of the property division or spousal support provisions which would otherwise apply under the Family Law Act or Divorce Act. Often individuals enter into marriage contracts to protect their personal and/or business interests. The goal is to create a set of terms which govern the parties' financial relationship so that in the event of separation there are no disputes relating to spousal support or property. Couples may contract out of legislated support or property provisions either in whole or in part. Terms for spousal support, including a waiver of support, can also be included but must not be unconscionable.

* Parenting Agreements

A marriage contract is a good option for those wishing to avoid the argument, financial cost and time of a post separation dispute or for those who wish to opt out of the property division or spousal support provisions which would otherwise apply under the Family Law Act or Divorce Act. Often individuals enter into marriage contracts to protect their personal and/or business interests. The goal is to create a set of terms which govern the parties' financial relationship so that in the event of separation there are no disputes relating to spousal support or property. Couples may contract out of legislated support or property provisions either in whole or in part. Terms for spousal support, including a waiver of support, can also be included but must not be unconscionable.

* Separation Agreements

Married spouses or common law spouses who separate will need to address many issues which may include division of property, spousal support, custody/access and child support. These issues may be settled out of court and the settlement terms are set out in contract called a separation agreement. The terms of a parenting agreement may be incorporated into the separation agreement. Married or common law spouses seeking to resolve their dispute out of court may enter into a separation agreement. The separation agreement is a valid and binding contract which may be filed with the court and may be enforced in the future.

- Children & Spouses

* Child Custody & Access

It is preferred that parties reach an agreement regarding custody and access themselves, through negotiation and the assistance of their lawyers, or the use of a mediator or parenting co-ordinator. It is also possible to hire a custody and access assessor in certain cases. An assessor is a third party psychologist or social worker who provides a report regarding the best interests of the child. This report is not determinative of the issue in court but will be considered by a judge if the matter is litigated. A custody and access assessment often assists the parties in resolving issues without the need for court assistance.

* Child Support

The amount of child support is fixed under the Federal Child Support Guidelines. The Guidelines calculate support based on the province the parent lives in, the amount of money earned and the number of children for which child support is payable. The Guidelines are firm and typically the amount noted in the Guidelines cannot be adjusted unless there is a shared custody arrangement wherein the non-custodial parent spends at least 40% of the time with the child.

* Spousal Support

Spousal support is determined in accordance with the Spousal Support Advisory Guidelines. It is based on many factors including the length of cohabitation, the age of the recipient spouse at the time of separation, whether or not there are children of the relationship, the functions performed by each spouse during the relationship (including any child care), and the need of the recipient spouse and the ability of the payor spouse to pay. Based on these factors, the Spousal Support Advisory Guidelines suggest a range of support, both in terms of quantum and duration. The parties must negotiate an agreement either through counsel or through an alternative dispute resolution mechanism.

Affiliations

More Information on Stanchieri Family Law

Family Law Firm in Richmond Hill, Canada
Richmond Hill, Canada Arbitration Law Firm
Child Support Lawyers in Richmond Hill, Canada
Richmond Hill, Canada Spousal Support Lawyers
Child Custody Law Firm in Richmond Hill, Canada
Richmond Hill, Canada Property Division Law Firm
Common Law Separation Lawyer in Richmond Hill, Canada
Richmond Hill, Canada Cohabitation Agreement Law Firm
Stanchieri Family Law Blog
Stanchieri Family Law News and Publications
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Other Offices

• Canada - Ontario, Toronto - Main Office