Family Law
Family Law is primarily concerned with the resolution of issues following a breakdown of a marriage or common law relationship. We endeavour to resolve those issues as quickly and cost effectively as possible in accordance with our client’s needs and desires. Most clients prefer to negotiate matters rather than resorting to the courts. Our approach is to analyze the case and provide practical and concise information as to the issues involved at an early stage. Thereafter, negotiation strategies such as settlement meetings, mediation and collaborative law are regularly employed by our team of lawyers.
We often deal with issues concerning custody and access of children, child support, spousal support, and division of property (NFP).
Each issue has it’s own complexity and sub-issues. With respect to custody and access of children, the legal test is what is in the children’s best interests.
With respect to support issues, sometimes the level of income of a support payor is in dispute, particularly if the payor runs their own business. Other common issues include sharing of daycare, post-secondary school or other expenses of children, and whether a spouse is entitled to support, and if so, how much and for how long.
Property issues can sometimes be particularly complex and we have significant experience dealing with division of houses, cottages, businesses, farms, pensions, investments, trusts and the valuation of same.
Often, parties will be able to resolve their dispute, enter into a Separation Agreement and move on with their separate lives.
Sometimes parties are unable to resolve their dispute and must resort to the Courts for same. Our team of lawyers has significant court experience, including aggressive representation at Motions, Trials in the Ontario Court of Justice and Superior Court of Justice and Appeals in the Divisional Court and Ontario Court of Appeal.
Some family matters do not deal with the breakdown of a relationship, but rather the possibility of a breakdown of a relationship. Sometimes parties may choose, in advance, to decide what will happen in the event of a separation and wish to enter into a contract specifying same. We can assist parties in the negotiation and preparation of a Cohabitation Agreement, which is an agreement before or while the parties are living together, or a Marriage Agreement. These agreements specify what will occur in the event of a separation and can often simplify matters should there later be a separation.
Some issues in Family Law have no direct relationship to marriage breakdowns. These areas include the following:
(a) Surrogacy Agreements: Surrogacy Agreements are contracts wherein one party agrees to have a child, for another party or parties, sometimes in conjunction with a prior invitro fertilization treatment. We can assist both the proposed surrogate and the proposed parent in this situation.
(b) Interfamily adoptions. We assist parties in adoptions where the adopting parent and child are previously known to one another. For example, Step-Parent Adoptions.
(c) Solicitor’s Negligence: We have experience in bringing law suits against lawyers for the negligent handling of a previous family law matter.
Our Team
At SmithValeriote, we have the largest and most experienced team of Family Law lawyers in Wellington County. Every lawyer brings their own particular area of expertise, which includes such diverse focuses as collaborative law and mediation, and high conflict litigation. Our entire team is keenly aware of the legal and practical challenges of Family Law, both from a personal and financial standpoint. Each lawyer strives to achieve the best results for our clients.
