Services

Family Law

At Wojcik Professional Corporation we provide legal services with respect to:

• Cohabitation Contract
• Marriage Contract
• Separation Agreement
• Sale of a Matrimonial Home
• Negotiations relating to Family Law matters

Cohabitation Contract

A cohabitation agreement is a document signed by two people who are in romantic relationship and are contemplating living together or are living together. The document sets out each party’s rights and obligations to the other in the event that their relationship irrevocably breaks down.

A cohabitation agreement can deal with as many or as few issues as you and your partner wish to agree on.

These issues may include:

• The division of assets upon the breakdown of relationship,
• Division of other property such as cottages, or investment properties,
• Short term or long term spousal support payable to either partner of lack thereof,
• Division of joint business ventures or investments,
• Division of pensions and RRSP’s,
• Division of life insurance policies,
• Division of debts and which party will be responsible for repayment of what debt,
• What happens in the event of the death of one of the parties.

Any issues related to children of the relationship cannot be contracted for in cohabitation agreement. Specifically, issues that cannot form part of cohabitation agreement include:

• Custody of any minor children,
• Access or visitations of any minor children,
• Child support either table amount or extraordinary amounts.

These issues must be resolved by the parties or a judge at the time of breakdown of the relationship and separation of the parties taking under consideration the best interest of the child or children.

For cohabitation agreement to be valid in the province of Ontario three condition must be met by both parties. They are:

• Full financial disclosure of all assets and liabilities,
• Independent legal advice provided by two separate lawyers for each side,
• No duress or undue influence by the other party or any third party.

Marriage Contract

A marriage contract is a legal document signed by two people who are married or contemplating marriage. The document sets out each party’s rights and obligations to the other in the event of separation or divorce. A marriage contract can deal with as many or as few issues as you and your partner wish to agree on. These issues may include:

• The division of assets upon divorce,
• Division of other property such as family cottages, or investment properties,
• Short term or long term spousal support payable to either partner of lack thereof,
• matrimonial home such as ownership of matrimonial home, who is responsible for household expenses, who is paying for up-keep  and renovations of matrimonial home,  possession of matrimonial home  on separation or divorce, division of proceeds from sale of matrimonial home in the event of divorce or separation,
• Division of joint business ventures or investments,
• Division of pensions and RRSP’s,
• Division of life insurance policies,
• Division of debts and which party will be responsible for repayment of what debt,
• What happens in the event of the death of one of the spouses.

Any issues related to children of the relationship cannot be contracted for in marriage contract. Specifically, issues that cannot form part of marriage contract include:

• Custody of any minor children,
• Access or visitations of any minor children,
• Child support either table amount or extraordinary amounts.

These issues must be resolved by the spouses or a judge at the time of separation or divorce taking under consideration the best interest of the child or children.

For marriage contract to be valid in the province of Ontario three condition must be met by both parties. They are:

• Full financial disclosure of all assets and liabilities,
• Independent legal advice provided by separate lawyers for each side,
• No duress or undue influence by the other party or any third party.

If you are planning to sign marriage agreement please schedule a legal consultation with us by calling our office or e-mail us.

Separation

The issues related to a separation can be resolved either by a negotiated settlement or by litigation. If you decide to litigate, the final decisions will be made by a judge. Litigation takes time, is emotionally draining and a costs a lot of money. If, on the other hand, you and your spouse or common – law partner choose to rich a settlement by way of negotiations, in an amicable way, the final decisions will be made by both of you and its provisions will have significant input from you. In this type of scenario the parties are usually happier and more comfortable with the results and more likely to carry out the terms of the agreement.

At Wojcik Professional Corporation we do not engage in litigation, but can represent you and protect your best interest throughout the mediation or negotiation process. We will make every effort to resolve your matter as amicably and expeditiously as possible.

If you are currently involved in a process of separating please feel free to contact us for consultation by phone or email.