Application / Answer – This is the process of starting (or responding to) a court proceeding to deal with the issues upon the breakdown of a marriage or spousal relationship. There are court filing fees (currently $202.00).
Divorce / Answer – This is the process of requesting a Divorce only (or opposing the divorce, if necessary). There are court filing fees (currently $632.00) and while the Divorce Order means you are legally divorced 31 days after the date on the Order, if you plan to remarry, you will need a Divorce Certificate which currently costs $24.00.
Motion to Change – This is the process to change to a Final Court Order or an agreement for support due to a “material change in circumstances” since the issue of the Final Order or the signing of the Agreement.
Decision-making responsibility (formerly called “Custody” – This means responsibility for making significant decisions about a child’s well-being, including with respect to the following issues: (a) health, (b) education, (c) culture, language, religion and spirituality, and (d) significant extra-curricular activities. Decision-making responsibility does not refer to the day-to-day decisions made by the parent who has care of the children.
Parenting time (formerly called “Access”) – This means the time a child spends in the care of a parent.
Child Support and S.7 Expenses – This is payable by the parent who has parenting time with the children up to 40% of the time. It is calculated based on their gross annual income. For parenting schedules where the children are with a parent between 40%-50% of the time, a setoff amount is calculated based on both parents’ incomes.
7 Expenses (aka Special & Extraordinary Expenses) – This refers to those expenses listed in section 7 of the Child Support Guidelines. Where child support covers costs for food, clothing and shelter, s.7 expenses covers the added costs for daycare, medical and dental costs not covered by insurance, some health costs in excess of $100 per year, extraordinary expenses for primary or secondary school education, post-secondary expenses, and extraordinary expenses for extracurricular activities.
Spousal Support – This may be payable by the higher income earner taking into consideration any child support payable, the needs and means of both parties, the length of the relationship, the ages of the parties and any imbalance as a result of the relationship.
Division Of Property/Equalization – This usually only pertains to married couples but there may be circumstances in which a non-married spouse may have an entitlement to a share in the property of the other spouse.
Separation Agreements – These Agreements deal with all the issues as a result of a breakdown of a marriage or spousal relationship. The issues are the same as in a court process but this is done entirely on a voluntary basis between the parties (and their lawyers). It is important that all Agreements are written, signed, witnessed and dated.
Cohabitation Agreements – These Agreements outline in advance how the issues will be dealt with should the relationship breakdown at some future date.
Marriage Contracts – These Agreements outline in advance how the issues will be dealt with should the marriage breakdown at some future date.
Independent Legal Advice on drafted Agreements/Contracts – In this instance, the lawyer for the one party has drafted the Agreement and the other party needs a lawyer to advise them on the merits and deficiencies of the drafted agreement.
Wills & Powers of Attorney – The Will (or Codicil) speaks for the person after they have died. The Power of Attorney speaks for the person while they are alive. There are two (2) different Power of Attorney documents:
Power of Attorney for Property: This gives power to a third party to deal with the person’s property i.e., bank accounts, bill payments, sale of property etc. This can be effective on the date the document is signed or upon the finding of the person to no longer have the capacity to manage their property themselves.
Power of Attorney for Personal Care: This gives power to a third party to deal with the person’s medical care do not have the capacity to speak for themself.