It is safe to assume that if you are unhappy enough in your current marriage to WANT a divorce, then the marriage has in fact, broken down.  We will help you prove to a court that the marriage has broken down and will work hard to look after your interests and those of any children in the marriage.  It time it takes can vary by jurisdiction.  In Halton it can take 7 months, in Toronto it can take 9 months, in Mississauga it can take up to 5 months after your motion has been filed with the court.  If the court has issues regarding spousal or child support they may require a personal attendance on your behalf in court to explain or prove certain issues or allegations which, of course, will delay the final decree even longer.

In Ontario, if you die without a valid, complete Will, an intestacy is created, and the distribution of your Estate will be governed entirely by the Succession Law Reform Act.  A Will is reasonably economical to prepare with proper legal assistance as there is no substitute for qualified and specific professional advice.  Even if you have a previously created Will and you’d like it updated, laws regarding the administration of Wills and Estates can change over the years and some of these changes could nullify your existing Will.  Unintended errors or omissions in a Will can delay or thwart the administration of your Estate in the manner you would prefer and they can be very costly to your executors and intended beneficiaries. In some extreme cases a poorly worded or misspelled document can  entirely undermine the validity of  what was once considered a legal and valid Last Will & Testament.

Remember: "Caveat Emptor” (Buyer Beware) is still the law in Ontario.  If you are buying a house, your real estate agent will probably ask you the name of your lawyer.  If you are like many people, you do not really have a “lawyer”, however, you need none when you buy a house.  The recording system for land ownership in Ontario is all computerized and the computerized land registry system  is set up so that lawyers are allowed to enter the system and change ownership of land, and register and delete mortgages.  Our Rules of Professional Conduct require a different lawyer on both sides of a purchase and sale transaction, in most cases.  The staff at Day + Borg will treat you with respect and try to clearly explain things, answering your questions in language that you can understand.

In Ontario, if you die without a valid, complete Will, an intestacy is created, and the distribution of your Estate will be governed entirely by the Succession Law Reform Act.  A Will is reasonably economical to prepare with proper legal assistance as there is no substitute for qualified and specific professional advice.  Even if you have a previously created Will and you’d like it updated, laws regarding the administration of Wills and Estates can change over the years and some of these changes could nullify your existing Will.  Unintended errors or omissions in a Will can delay or thwart the administration of your Estate in the manner you would prefer and they can be very costly to your executors and intended beneficiaries. In some extreme cases a poorly worded or misspelled document can  entirely undermine the validity of  what was once considered a legal and valid Last Will & Testament.

The main difference is that you are not married, nor are you intending to get married when you sign a Co-habitation Agreement.  A Co-Hab Agreement is entered into before or shortly after two people start living together.  They are usually designed to address any potential issues that may arise after the relationship has ended.  It is important to know that you are not under any legal requirement to enter into such an agreement.  A Marriage Contract is usually drawn up when either one or both parties have a substantial amount of property or other assets going INTO the marriage or may acquire substantial assets DURING the marriage.  This contract should address any issues of ownership that might arise when/if the marriage breaks down – sort of like a “you keep yours and I’ll keep mine” agreement.  This is a legal contract and will usually be enforced by the courts.  Another reason could be that you or your potential spouse has been married before and experienced an ugly court battle during the divorce proceedings.

There is only one ground for divorce here in Ontario, and that is ‘Marriage Breakdown’. Did you know you are also limited in proving the method of the breakdown?  These methods can include adultery, physical or mental cruelty or the fact that you’ve been living separate and apart for a specific period of time.  There are several ways you can prove this and we will assist you in making sure that the grounds for divorce are set out clearly and legally in all court documents.  Even if your Divorce is uncontested, there may be procedural complications that would require the services of a lawyer.  For example, if you have no idea where your spouse is living, you may have trouble serving the Petition for Divorce on him or her.   There may be child or spousal support issues that need to be dealt with as well.  Here at Day + Borg, we are Family Law specialists and we will work hard to ensure all your interests, including those of your children, are looked after in a timely and cost efficient manner.