Divorce
Providing legal advice and insight into the implications of the Divorce Act, Family Law Act, and other family related legislation. Helping you understand your rights and obligations upon separation and divorce. We can assist you with both contested and uncontested divorces.
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Separation
The decision to separate from a spouse has significant legal implications for all family members whether you are married or in a common law relationship. Let us help you navigate through the difficult legal issues that you may encounter during this difficult time in your life.
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Family Litigation
MacCormac Law is here to assist you with applying to Court for relief or responding to a Court proceeding brought against you. Timelines and document filings are critically important in Court actions. It is important to obtain legal representation to assist you with understanding the technicalities of Family Court procedure so that your voice is heard properly and effectively.
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Spousal Support
The obligation to provide financial support to a spouse after separation can arise with the breakdown of both married and common law family situations. Spousal support is addressed in both the Divorce Act and the Family Law Act.

In 2005, the newly drafted Spousal Support Advisory Guidelines were introduced in Canada. These Guidelines, though not law, are being used by counsel and Courts alike to assist parties in identifying appropriate and reasonable guidelines for negotiating the settlement of spousal support disputes over quantum of support. Spousal support is a discretionary remedy and therefore dependent upon many factors.

MacCormac law is here to help you interpret how these laws apply to your particular situation.
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Property Division
Under the current legal regime in Canada matrimonial property division laws only apply to married couples. Common law couples do not have the same protections. The Family Law Act provides for an "equalization" of matrimonial property between separating and divorcing married spouses. Common law couples must take a different legal approach to determining ownership interests in property.
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Children - Custody and Access
The Children's Law Reform Act provides a legal test for claims related to custody of and access with children. The best interests of the child are paramount. You should be aware that as a result of the devastating effect which separation and divorce can have on children, in Canada the Courts generally favour a custody and access plan which provides a child with maximum exposure to both of its parents. If there are compelling reasons why a parent should not be involved in a child's life, the Courts will always decide this issue on the basis of the best interests of the child.
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Child Support
Child support obligations can arise in many different types of custody and access arrangements such as sole, joint, shared and equal custody situations. Child support is generally enforced until a child is deemed to be independent of parental care and control.

The Child Support Guidelines tables are mandatory and set out the quantum of support payable dependent upon the number of children and the income of the payor. Child support is a child's right to financial support from a parent, it is not support which cannot be necessarily waived by a parent or by agreement between parents. Child support is a mandatory issue.

On May 1, 2006, the Child Support Guidelines were updated. This update changes the amounts of child support payable from the previous Guidelines established in 1997. The new Guidelines are considered a major change in circumstances warranting a review of child support.

It is also very important for child support payors to maintain a level of child support which is reflective of current income. There are new legal developments with regard to providing up-to-date income information to a recipient of child support and retroactive child support can be ordered if there has been a material change in a payor's income and the level of child support has not been adjusted.
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Common Law Partnerships
Matrimonial property laws do not apply to common law partnerships currently. Simply put, what is in your name is your property and what is in your partner's name is their property. Those assets or liabilities which are jointly held in both parties' names are generally divided 50/50 regardless of the nature of the asset or liability. There are some exceptions to these rules whereby a specific interest in property can be claimed through an action in the Courts based in something called a "Constructive" or "Resulting Trust" claim.
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Separation Agreements
MacCormac Law is here to assist you in negotiating a clear and comprehensive Separation Agreement which will identify and set out the terms of your separation in regard to all issues of custody, access, child support, spousal support and property division.

It is important to have a binding and enforceable contract in place setting out the specific terms of settlement of your issues. Once you know that you and your spouse have settled your issues and have converted that settlement to a binding and enforceable agreement, both parties can move forward with their lives with more certainty.

Child and spousal support provisions of a Separation Agreement can be enforced through the Family Responsibility Office if payments are not being made. Issues such as custody, access and property division need further Court intervention if problems or issues arise after a Separation Agreement has been implemented.
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