01.
Separation Agreements
In writing, signed and witnessed, and how non-disclosure gets one set aside years later.
Family Lawyer in Ontario
A family lawyer in Ontario is worth the most at the start, when the positions are still open, and worth the least once both sides have written things down that they cannot walk back.
About this practice area
How is parenting time decided in Ontario?
Decisions about children are governed by the Divorce Act for married spouses and the Children's Law Reform Act for others. Both apply one test: the best interests of the child. The 2021 amendments to the Divorce Act replaced the language of custody and access with decision making responsibility and parenting time.
Courts weigh the child's needs and views, each parent's willingness to support the relationship with the other, and any family violence. Nothing in the legislation presumes an equal split of time, and nothing presumes a primary parent by gender.
What we handle
Which family law matters does the firm handle?
7 areas of work
Seven areas, from the agreement that avoids court to the order that follows one: separation agreements, divorce, property division and the matrimonial home, child support, parenting time, relocation and spousal support.
Ending a marriage2
02.
Divorce
The year of separation, the children as a bar on the order, and the 31 days before it takes effect.
Children3
03.
Child Support
The table amount, the section 7 expenses shared in proportion to income, and the 40 per cent rule.
04.
Parenting Time
What replaced custody and access, the best interests test, and 60 days notice before a move.
05.
Relocation
Impact rather than distance, 60 days notice with 30 to object, and who carries the burden.
Property and support2
06.
Property Division
Equalization is a payment, not a split, and common law partners have no claim to it.
07.
Spousal Support
Entitlement before amount, why misconduct is excluded, and the Advisory Guidelines being advisory.
Our approach
A clear path forward
The same four steps on every matter, whether it is a refusal at the Federal Court or a ticket at the Provincial Offences court.
Book a consultation01
Understand
We take the full history and read the documents before offering an opinion. Most bad advice comes from acting on half the facts.
02
Assess
You get a candid read on strength, timeline and cost, including when the honest answer is that you do not need to hire anyone.
03
Act
We prepare the application, the defence or the appeal properly the first time, because fixing a weak record later is harder and dearer.
04
Report
You hear from us at each stage, and you hear what a wait actually means rather than a date chosen to sound better.
Who we take
Are we the right firm for this?
3 reasons either way
Worth reading before you book. Turning away a matter we should not take costs us a file and saves you a retainer.
We are a fit if
- You would rather reach a separation agreement than open a court file
- There are children and you want an arrangement that holds
- You can produce financial disclosure and expect the other side to as well
We are probably not if
- You want to use the process to punish the other parent
- You will not disclose your finances
- You want certainty about children promised at the first meeting
Where to go next
Get the position assessed before anything is signed or filed, because the first written offer sets the frame for everything after it.
A family lawyer in Ontario can give you that read in a single meeting.
Also from Rathod Law Firm
Other practice areas
01.
Immigration Law
Refusals, appeals and judicial review, plus sponsorship, work permits and study permits.
02.
Personal Injury
Motor vehicle collisions, slip and fall, long term disability and accident benefits.
04.
Paralegal Services
Small Claims Court, tribunal hearings and Provincial Offences, at paralegal rates.
05.
Notarization
Affidavits, statutory declarations, certified true copies and travel consent letters.
06.
Traffic Tickets
Speeding, stunt driving, red light and careless driving charges under the Highway Traffic Act.
08.
Civil Litigation
Contract and commercial disputes, debt claims, real estate litigation and Small Claims.
09.
Legal Consultation
A first assessment of where you stand, what it costs, and whether you need us at all.
Common questions
What do people ask about family law?
3 answered here
The ones that come up before somebody decides to ring at all. Each answer is the whole answer, not a teaser for a telephone call.
How is child and spousal support calculated?
Child support follows the Federal Child Support Guidelines. The table amount is set by the payor's income and the number of children, so the arithmetic is largely fixed once income is established. Special and extraordinary expenses are shared in proportion to income.
Spousal support is not a table. The Spousal Support Advisory Guidelines produce a range rather than a figure, and entitlement has to be established before amount and duration are argued at all.
What happens to the matrimonial home?
The matrimonial home has a status under the Family Law Act that other property does not. Neither spouse can sell or mortgage it without the other's consent, regardless of whose name is on title, and its value is treated differently in the equalisation calculation where one spouse owned it on the date of marriage.
Equalisation of net family property compares the growth in each spouse's net worth across the marriage. It is a payment between spouses, not a division of specific assets.
Do you have to go to court?
Most family matters resolve without a trial, through a negotiated separation agreement, mediation, or a collaborative process. A written agreement, signed with independent legal advice on both sides, is harder to unwind later than an informal understanding.
Where there is urgency, particularly involving family violence or a child being withheld, motions can be brought quickly. We will tell you plainly which of those two situations you are in.
Speak to someone this week
A family lawyer in Ontario can give you a straight read before anything is signed or filed.
Law Society of Ontario licensedFederal Court filingsEnglish, Hindi, Gujarati, Punjabi and UrduFee quoted before you commit