Family Law

Family Law need not be as unpleasant as it is so frequently pictured. Our firm has engaged in many such problems, both by way of resolution and going to court. Many considerations other than those referred to below arise upon the sundering of a matrimonial or common law relationship; we try to resolve them as amicably as we can.

The breakdown of the family unit is usually traumatic and sometimes worse. The Courts have always endeavoured to be fair in resolving disputes, but there is no question that this arm of the law is more subject to unhappiness than any other area. In an era of no-fault divorce, the conduct of one party or the other, almost regardless how egregious, has no bearing upon the division of assets or, usually, the award of support.

When there are young children, the issues can become so entangled and disputatious that there is no outcome likely to result in two happy parents. While it is easy to say, as the law does, that the welfare of the children is paramount, it is frequently very much a judgement call as to where this simple proposition leads. Mothers, except with the very young, are not given any judicial preference when custody is in issue; but the perception in the public forum is often very different.

Apportionment of family assets can sometimes be complex even though in the first instance these items are divided equally. But other factors come into play, for example, the length of the marriage, the acquisition of assets by bequest, or the needs of one party being greater for purposes of rehabilitation; all may have some effect. In short, many circumstances render an equal division unfair.

The matter of support or maintenance is also sometimes a minefield. For children, the question is one of utilizing federally mandated guidelines: the non-custodial parent is obliged to pay a sum to the other, the figure being based upon the payor’s income.