A Fresh Start, Built in Serene
Frequently Asked Questions
Your Questions Answered
General
Is my consultation confidential?
Yes. While you can file on your own, a lawyer ensures your documents are accurate, deadlines are met, and your rights are fully protected.
How quickly can I get an appointment?
We aim to accommodate new clients as quickly as possible. In many cases we can schedule an initial consultation within a few business days. You can book online or call our office directly.
Do I need a lawyer, or can I handle this myself?
While you are legally permitted to represent yourself, having a lawyer ensures your rights are fully protected, deadlines are met, and documents are accurate. Even in straightforward matters, a lawyer can identify issues you may not be aware of and save you time and cost in the long run.
Divorce & Separation
How long does an uncontested divorce take?
Typically 4–6 months once the application is filed with the court, provided all documentation is in order. Contested divorces can take significantly longer depending on the complexity of the issues involved.
What's the difference between separation and divorce?
Separation occurs when spouses decide to live apart with the intention of ending the relationship — no court order is required. Divorce is the legal dissolution of the marriage, which requires a court order. You can negotiate and settle all issues (property, custody, support) during separation, before a divorce is finalized.
What's the difference between mediation and arbitration?
Mediation is a voluntary, collaborative process where a neutral mediator helps both parties reach a mutual agreement. Arbitration is binding — an arbitrator acts like a private judge and makes decisions that the parties must follow. Both are alternatives to court and can be faster and less adversarial.
What if my spouse and I can't agree on anything?
If negotiation and mediation are unsuccessful, the matter can proceed to family court. We will represent you clearly and confidently through every step of the litigation process, advocating for an outcome that is fair and in your best interests.
Children & Support
How is child custody decided in Ontario?
Custody is always determined by the child's best interests. Courts consider factors including the child's safety, emotional well-being, stability, each parent's ability to provide care, and the child's existing relationship with each parent. The goal is to ensure the child maintains meaningful connections with both parents where appropriate.
How is child support calculated?
Child support in Ontario is calculated using the Federal Child Support Guidelines, which are based primarily on the paying parent's income and the number of children. Special or extraordinary expenses — such as childcare, medical costs, or extracurricular activities — may be shared separately based on each parent's income.
How is spousal support calculated?
Spousal support depends on the length of the relationship, the roles each spouse played, the incomes of both parties, and each person's financial need and ability to become self-sufficient. The Spousal Support Advisory Guidelines provide a framework for determining appropriate amounts and duration.
Can child support or custody arrangements be changed later?
Yes. If there has been a material change in circumstances — such as a significant change in income, a parent relocating, or a change in the child's needs — either party can apply to vary an existing order. We can assist you in bringing or responding to a variation application.
Agreements & Contracts
Are prenuptial or marriage contracts enforceable in Ontario?
Yes — provided the contract was properly drafted, signed voluntarily by both parties, and based on full and honest financial disclosure. Courts can set aside agreements that were signed under duress, without independent legal advice, or where disclosure was incomplete. We ensure your agreement is drafted to withstand scrutiny.
What is a cohabitation agreement and do I need one?
A cohabitation agreement is a legal contract between two people who live together but are not married. It outlines each person's rights and responsibilities regarding property, finances, and support if the relationship ends. Unlike married spouses, common-law partners in Ontario do not have automatic property division rights — so a cohabitation agreement is strongly recommended.
What does a separation agreement cover?
A separation agreement is a legally binding contract that covers the key issues arising from the end of a relationship — including division of property and assets, spousal support, child custody and access arrangements, and child support. A well-drafted agreement provides certainty and can avoid the need for court involvement.
Real Estate Law
Do I need a lawyer to buy or sell a home in Ontario?
Yes. In Ontario, a lawyer is required to complete a real estate transaction. Your lawyer reviews the agreement of purchase and sale, conducts a title search, handles the transfer of funds, and registers the new ownership on closing day. Having legal representation ensures your interests are protected throughout the process.
What is a title transfer and when would I need one?
A title transfer is the legal process of changing the registered ownership of a property. Common reasons include adding or removing a spouse from title, transferring a property to a family member, or restructuring ownership for estate or tax planning purposes. We handle the title search, documentation, and registration with the land registry.
What does a lawyer do in a mortgage refinance?
When you refinance, your lawyer reviews your new mortgage commitment letter, ensures you understand the terms, discharges your existing mortgage with the current lender, and registers the new mortgage on title. Independent legal advice is a requirement of most lenders and protects both you and the institution.
How far in advance should I contact a real estate lawyer?
As soon as you have a signed agreement of purchase and sale, or as soon as you know your closing date for a refinance or title transfer. Getting us involved early allows time to conduct title searches, review documents, and resolve any issues well before your closing date.
Disclaimer:
The information provided on this website is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please schedule a consultation with Serene Law.
Guiding Families With Clarity, Compassion, and Legal Expertise.
Office Location: 105 Milner Avenue Toronto ONTARIO M1B 3V4
Phone: (XXX) XXX-XXXX
Email: [email protected]
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Saturday: By Appointment Only
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