Oakley Family Law

Breaking up is hard, but it doesn’t have to be complicated. Your divorce or separation can be very different from that of your friend or neighbour down the street. Some couples can resolve their issues at their kitchen table, while others may mediate, and others have to litigate. Which process is right for you depends on the unique issues of your divorce or separation, and the personalities involved.

Major decisions for a child can include those related to medical treatment, education, and religion. Sole decision making means one parent makes the major decisions for the child. Joint decision making means both parents equally participate. Sometimes, there can be a combination, where one parent may decide some issues, the other parent decides others, and then both parents decide some together.

We work with parents to create a parenting plan that reflects the unique circumstances of their children and family. This might mean the child ordinarily resides with one parent, and the other parent has parenting time. It can also mean the child spends time equally with each parent. Note that parenting schedule is an important factor in determining child support. 

Children can have “contact” with people who are not their guardians, but are still important people in their lives. Sometimes when parents are in significant dispute, this can have ramifications for the extended family. This can impact grandparents, aunts and uncles, among others. If you need help having contact with a child in your life, please contact us.

Sometimes a new beginning can mean a move to a new town, province, or country. Unless you have permission to relocate, a parent cannot just pick up and leave with a child. If you have joint decision making regarding a child, then both parents must agree that the move is in the child’s best interests. If the parents cannot agree, a Court may need to make a decision.

Exchanging financial information (tax returns, bank statements, budgets, etc. - don't worry, we'll give you a list!) is an important and necessary first step upon divorce or separation, especially where support or property division is at issue. While disclosure can be Court ordered, it is in your best interest to exchange disclosure quickly and voluntarily, saving you time and money. 

Children have the right to be financially supported by both parents upon separation. There are two types of child support: a base amount, for day-to-day living expenses; and another amount for extraordinary expenses (often referred to as “section 7 expenses”). Complications can arise when there is a shared parenting arrangement, when a parent is self-employed, or when someone is behind on their support payments.

The idea behind spousal support is to reduce the financial disadvantage that the spouse experienced as a result of the marriage or relationship or its breakdown. A situation that might justify a claim for spousal support would be where one partner stays home to raise the children to the detriment of their career while the other works outside of the home in order to support the family financially.

Resolving your financial matters upon the dissolution of a relationship can be difficult. There can be jointly owned real estate or businesses, individually held credit cards, and other assets and debts you have not even thought about for years. Couples have the benefit of the Family Property Act to ensure a fair and equitable division of property.

Whether you need a Cohabitation, Pre-nuptial, Post-Nuptial, or Separation Agreement, we can help. These Agreements help determine issues such as support and property division in the event that a relationship ends. Nobody wants to think about what can happen in challenging times, but we still carry an umbrella even if we’re hoping for no rain. 

Mediation is a non-binding process used to try to reach a functional agreement that works for everyone. It is cost-effective, efficient, confidential, and aimed at staying out of Court. While our mediators are lawyers, we cannot provide you with legal advice and mediate at the same time. Instead, as mediators, we provide an educated approach to resolution and provide legal information along the way.

Let us help you manage your financial affairs and reduce the potential for family conflict upon death or incapacity. Our estate planning services involve three documents: a will (how your estate will be distributed in the event of death), personal directive (manage your medical treatment in the event of incapacity), and power of attorney (manage your property or finances in the event of incapacity).