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Downtown Toronto Office
155 University Ave.
Suite 1700
Toronto, ON M5H 3B7
416-971-4802
647-727-0904 (Fax)
Employment Opportunities
We are always looking to grow our team. To view careers with us, please go to our LinkedIn.
Frequently Asked Questions
We are a full service Family Law firm with lawyers of all levels of experience who are managed by Gary Joseph, a seasoned and well recognized negotiator and litigator. We are knowledgeable in all areas of practice from parenting arrangements to financial issues.Not only do we have the practical experience of litigation/arbitration, court, negotiation and mediation, we are known for our academic expertise as the firm produces a dozen books in the area of Family Law which are used by lawyers and Judges alike and our appeal expertise.We understand the effects of a separation on parties and work with our clients and their professionals to find the best resolution for them and their children through the most appropriate dispute resolution process available.In addition, because all that we do is Family Law, we have developed a resource of precedents that may help reduce our client’s fees.
As a lawyer, we are here to help our clients by providing legal advice. This advice involves discussing the procedural and substantive issues, providing direction, helping to identify and eliminate and or minimize the risks and dangers. In addition we are here to help explain the options, opportunities and possible consequences of a client’s actions/decisions.This relationship contains 3 steps: a. the client provides the lawyer with accurate and ongoing information on a timely basis; b. we provide ongoing legal advice, comprised of: i. options; ii. consequences thereof; and, iii. recommendations;c. the client then provides instructions.The lawyer does not make decisions; the client does. The client decides what steps to take.The goal is to ensure that when the client makes a decision it is made on an informed and educated basis. It is also the lawyer’s role to be honest about the chances of success and not to make promises of success that cannot be guaranteed.
Generally, the issues relate to the parenting of children, child support, spousal support, property division, and their various sub-issues. In most cases where the separation of married persons is permanent, a further issue is divorce.
No. Each of you needs the services of an independent lawyer. The resolution of most issues is an option chosen from a range of options. Each of your options may be different and thus one lawyer cannot independently provide such advice.Each client having his or her own lawyer ensures that the choices can be discussed, advice taken, and decisions made in private free from any influence of the other client.
By far, most cases are settled by agreement between the parties without going to court. Even if the parties are in court, they often settle before a trial with minutes of settlement or an agreement. The Family Court itself promotes resolution of issues through the Court process and is actually critical of parties who do not reach out to each other to try to resolve issues.
You do not need the court except to process a divorce after all other issues arising out of the marriage and separation are settled by agreement. The usual practice is to see the progress to divorce as a two-stage matter with the divorce in the second stage. The first stage is the negotiation of a separation agreement or if in court, minutes of settlement, that takes care of all the other issues.
Yes. Your status as a separated spouse does not depend on whether or not you signed a separation agreement. You do not need a document that says you are legally separated. You and your spouse are separated when you are living apart from each other, and one or both of you have made a permanent decision not to resume your life together. There is nothing in our law that requires you and your spouse to live together; therefore, there is nothing in the law that requires you to obtain permission from any authority or person to separate. In fact, you can still live in the same home and be separated.
If you settle all matters arising out of the marriage and separation without going to court, the settlement should be recorded in a separation agreement even though a divorce is contemplated. The agreement must be in the form of a separation agreement to comply with the definition of a “domestic contract,” which has special properties in family law, and to meet the requirements for certain tax advantages that are available. When properly drawn it is made to govern the rights and obligations of the parties with respect to each other on separation, divorce and death. Parties who separate want to have their obligations set out in writing, i.e. support and property payments. They also want their parenting arrangements clear. It allows the parties to know when the child(ren) spend time with each parent.
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