We want your photography experience with Kris M Photography to be as enjoyable and easy as possible. To make things clear and user-friendly, we have listed the answers to some of the most frequently asked questions in one concise section.
Have a look at our FAQs below and get in touch if you need any additional information.
Frequently asked questions
Parenting Matters: Custody, Access and Other Parenting-Related Matters
Ideally, all family law disputes should be resolved through negotiation and agreement, and without setting foot in any courtroom. In that case, parties can enter into a Separation Agreement contract which is professionally drafted by the parties’ counsel. The parties retain far more control and flexibility over their settlement, rather than to be bound simple decree of a judge.
As importantly, separation agreements are typically far less expensive to negotiate and draft than resolving your matter through court. We have extensive experience negotiating and drafting professional separation agreements. We also have experience in court successfully defending our own separation agreements and in challenging separation agreements that were deficient. With this experience, we are able to draft agreements that will last and prevent recurring legal disputes.
Addressing Your Matter In Court: Applications And Motions To Change
We can assist with all aspects of your court matter, including bringing your matter to court, responding to a Court Application or Motion to Change, preparing your pleadings, attending conferences and motions, and representing you at trial.
Motions and Urgent Motions In Court
We have significant experience bringing motions for temporary court orders, and in defending our clients on motions. We are also prepared to bring, or respond to, urgent motions, particularly involving the safety of children.
Representing You At Trial
Most family law matters can be resolved without a trial. In fact, 98% of cases commenced in family court in Ontario are resolved without a trial. Trial should be avoided unless absolutely necessary, given the stress, the risks and the costs involved.
Cohabitation Agreements and Marriage Contracts
The surest way to avoid paying significant legal fees and paying a significant settlement to your partner or spouse is to enter into a Cohabitation Agreement or Marriage Contract.
Child Support is arguably the simplest legal issue to resolve in family law. It is rare that an issue of child support alone is taken all the way to trial in court. This issue should be quickly resolvable. But human nature is complex and family law can be emotional. We are very familiar with this enduring legal issue with all of its complexities.
This area of law is generally more complex than child support. The process itself in resolving a claim of spousal support can be onerous and spouses can often be left out in the cold.
Real Estate and Family Law
There are many myths and misunderstandings with real estate and family law. Typical questions that we are confronted with are:
- Can I force the sale of the matrimonial home (or the family home, if not married)?
- Can I prevent the sale of the matrimonial home?
- If my spouse and I don't agree on the value of the home, can I get an appraisal and impose a price to purchase/sell my half of the home?
- If I leave the matrimonial home, will I lose out?
- Who pays the mortgage after separation? Who pays the bills?
- Do I get credit when the house sells if I am the one paying the mortgage?
- If the house is in my name alone, do I have to divide the matrimonial home with my spouse after separation?
- Can I force my spouse to leave the matrimonial home (or can I be forced out myself?)
- If the house is in my name alone, do I have any obligations to my former common law partner?
Pensions, RRSPs and Equalization in Family Law
"I'll give you the house as long as I can keep my pension."
"I'll give you part of my pension if I can get some cash to buy a house."
"Do I have to carve up my retirement savings following divorce?"
"I don't have to share my pension/RRSPs with you - I contributed to that with my own money."
“I can’t divide my pension – it’s locked up until I retire.”
“I can’t know the value of my pension until I retire.”
“Half of my debts are yours, even if in my name.”
“That credit card bill/line of credit is your problem. I don’t care if you ran it up to support me/our children.”
Do these sound familiar? We deal with these issues, questions, myths and misunderstandings on a regular basis. Unfortunately, issues of pension, savings and debts in a family law dispute can involve thousands, if not hundreds of thousands of dollars. Getting timely legal advice can be essential to protecting your assets or obtaining a fair division of assets and debts.
Simple Divorce Applications and Divorce Orders
Obtaining a simple order for divorce in Ontario involves numerous steps in court, resulting in a "trial" of the matter. You "sue" for divorce, rather than agree to, or negotiate for, a divorce. Assuming there are no other outstanding legal issues, we are able to handle the entire divorce process to avoid your ever having to step into a courtroom.
Unbundled Legal Services
We are able to provided limited or "unbundled" services to clients who wish us to assist only on a particular aspect of their court matter. We are able to limit our services to drafting particular documents at the client's request or to appear in court for a particular aspect of the client's case.
- Preparing court pleadings, including Applications, Answers, Motions to Change and Responses to Motion to Change
- Preparing Financial Statements for Court
- Preparing court docuements to bring a motion in court or to respond to a motion
- Preparing Case and Settlement Conference Briefs
- Attending in court on your behalf for conferences and motions