Family Court in Ontario: When Should You Go There?

Family Court in Ontario:  When Should You Go to Family Court to Protect Your Family Law Rights?

When should you go to family court in Ontario to protect your money, assets and family law rights?

When you are getting separated or divorce, you are naturally facing a tough time in your life.

Who needs the hassle of fighting their ex-spouse in family court at this difficult time in your life?

Generally, you should first try to negotiate a separation agreement with your spouse before ever consider going to family court.

Take the time to discuss your separation, divorce or family law case in detail with your lawyer to see if you can negotiate a separation agreement to avoid family court.

However, you face certain situations in which family court is inevitable.

For example, your spouse could take you to family court to deal with the legal issues in your separation or divorce.  This is usually not a good situation at all when you have a higher income than your spouse or your net worth is higher than your spouse’s net worth.  In these situations, you often get a better deal with your spouse by staying out of court than trying to settle your issues after your spouse has started the court process.

You can reduce the risk of your spouse taking you to court by giving your spouse full financial disclosure with the supporting documents in a timely manner from the start of your separation.

However, you might have to take your spouse to court when they are acting unreasonably.

For example, your spouse might restrict or limit your access to your younger children.  When you have a close relationship with your children, you should be able to see your children on a regular basis for a what amount of time on a weekly basis.  Your spouse in this situation is improperly limiting your access to your children.

Your spouse could refuse to deal with the property issues in your case.  For instance, your spouse could refuse to sell the matrimonial home even though they cannot afford to buy out your interest in the home.  You might have to get a court order to force the sale of the matrimonial home since your spouse will not agree to the sale.

Your spouse could ask for an unreasonable amount of spousal support.  Your lawyer can certainly tell you what a reasonable amount of spousal support should be based on your income and your spouse’s income and the length of your relationship or marriage.

You must carefully weigh out the advantages and disadvantages of taking your spouse to family court.  Your family lawyer should provide with you with excellent guidance and advice on whether it makes sense for you to go to court based on the facts of your particular case.

Even if you decide to take your spouse to family court, you can often settle your case during the family court process.  Many spouses in court come to realize that what they are seeking in their separation or divorce is not that reasonable based on Ontario law after they hear the comments of the judge in their case.

In fact, fortunately, most cases settle in family court during the court process.  I have seen many unreasonable and difficult spouses on the other side of my clients’ cases get reasonable fast when they hear the same message about the strength of their case from their own lawyer and the judge in their case.

Make sure you spend some time with your family lawyer discussing this important issue in your separation or divorce.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office.  You can leave a message on my Facebook law office page or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group?

Go here for more information: Durham Region Separation and Divorce Legal Support Group