CASPERSZ CHEGINI LLP IN THE MEDIA
WHAT WE DO
Divorce & Separation
The Divorce Act is the federal legislation that governs divorce in Canada, allowing couples to legally end their marriage if they have been separated for at least one year or establish fault-based grounds. The process of separation addresses important matters like property division, spousal support, and parenting (decision-making, primary care, and parenting time), striving to ensure a just and equitable outcome for all parties involved.
Children & Parenting
The well-being and best interests of children are of paramount importance. The law aims to promote shared parenting responsibilities and encourages parents to collaborate on decision-making and parenting arrangements, ensuring that the children's emotional and financial needs are adequately met within a safe and supportive environment.
Child & Spousal Support
Child and spousal support are essential components in ensuring financial stability for families post-separation. The law mandates fair and proportionate support payments, considering factors such as income, needs, and the standard of living during the marriage, with the primary goal of safeguarding the welfare of children and economically vulnerable spouses.
Asset & Property Division
Asset and property division falls under the Family Law Act in Ontario and aims to equitably distribute marital assets and debts upon separation. The law in Ontario follows the principle of equalization, ensuring that each spouse receives a fair share of the accumulated wealth during the marriage, considering factors such as contributions, financial circumstances, and individual needs.
Domestic Contracts & Agreements
Domestic Contracts and Agreements are legally binding documents that allow couples to customize their rights and obligations regarding various family issues. These contracts, such as cohabitation agreements, marriage contracts, and separation agreements, offer flexibility in addressing issues like property division, support payments, and decision-making, providing clarity and peace of mind for all parties involved.
Litigation
Litigation involves resolving disputes through the court system when parties are unable to reach agreements on key issues like divorce, parenting (decision-making, primary care, and parenting time), support and property division. Although litigation can be adversarial and time-consuming, it provides a formal process where judges make binding decisions, ensuring that legal rights are protected, and fair resolutions are reached.
OUR LAW FIRM
Caspersz Chegini LLP is a family law firm located in Vaughan, Ontario, servicing all areas in Ontario, including Toronto, North York, Newmarket, Etobicoke, Richmond Hill, Barrie, Brampton, Mississauga, Oakville, Hamilton, Guelph, London, Niagara, Brantford, Oshawa, and Ottawa.
Unyielding client service commitment is the centrepiece of Caspersz Chegini LLP. We are redefining the client experience by centralizing the achievement of positive changes in client’s lives during delicate times through efficaciously representing them in navigating the family legal process.
With a client-centric approach, we dedicate our practice to effectively assessing the intricate needs of each client on a case-by case basis, with continual commitment to reassessing each client’s matter, needs, and desired outcome at every stage.
WHO WE ARE
FREQUENTLY ASKED QUESTIONS
Our Family Law experts have compiled a comprehensive list of frequently asked questions to provide you with quick and concise answers.
Child support in Ontario is typically calculated based on the federal and provincial Child Support Guidelines. These Guidelines are designed to ensure that children receive appropriate financial support from their parents following a separation or divorce. A general overview of the key factors involved in calculating child support in Ontario are as follows:
1. Determining income; 2. Calculating sources of gross income; 3. Ascertaining basic child support amount (otherwise known as Table child support); 4. Ascertaining special and extraordinary expenses (otherwise known as section 7 expenses); 5. Parenting time (previously referred to as Access); and 6. Any other relevant factors that may affect the quantum of child support (such as a claim for undue hardship).
Keep in mind that this is a general overview, and child support calculations can become more complex based on individual circumstances and any variations in income, parenting arrangements, or special expenses. At Caspersz Chegini LLP, our skilled Team of Legal Professionals specialize in navigating these calculations, while providing personalized guidance on child support matters in Ontario.
Calculating spousal support in Ontario is a complex process that takes into account various factors. Spousal support (often referred to as alimony) is meant to provide financial assistance to a spouse following separation or divorce. A general overview of the key factors involved in determining spousal support in Ontario are as follows:
1. Eligibility; 2. Income(s); 3. Needs and circumstances; 4. Spousal Support Advisory Guidelines (SSAG); 5. Duration of support; and 6. Any other relevant factors that may affect the quantum of spousal support (such as property and parenting arrangements).
It is crucial to note that spousal support calculations can be intricate, and individual circumstances can significantly impact the final outcome. At Caspersz Chegini LLP, our skilled Team of Legal Professionals specialize in navigating these calculations, while ensuring that your rights and obligations are appropriately addressed during the process.
Married Couples
In Ontario, the division of assets and property during a divorce is governed by the Family Law Act. The primary principle is that marital property is generally subject to equal division between the spouses (known as “equalization” in Ontario), but this does not necessarily mean a strict 50-50 split. Instead, the goal is to achieve a fair and equitable distribution based on various factors, leaving room for unequal division of assets to occur. The process generally involves the following steps:
1. Determining the Date of Valuation (also known as the Date of Separation); 2. Identifying Family Property and Excluded Property; 3. Division of Family Home/Matrimonial Home; 4. Calculating Net Family Property; 5. Determining the Equalization payment (if any); 6. Consideration of Individual Circumstances; and 7. Negotiation or Court Action.
It important to note that property division in a divorce can be complex and can vary depending on the specific details of the marriage and assets involved.
Common Law Couples
In Ontario, property division for common-law spouses is different from that for married couples. Common-law couples are not subject to the same property division rules as married couples under the Family Law Act. Instead, the division of property for common-law couples is primarily governed by principles of trust and property law. A general overview of how property is typically divided for common-law spouses in Ontario is as follows:
1. Ownership and title; 2. Jointly Acquired Property; 3. Contributions; 4. Trust Principles; and 5. Written agreements (such as domestic contracts/prenuptial agreements).
It is essential to understand that property division for common-law couples is a complex area of law, and outcomes can vary widely depending on the specific circumstances of each relationship and the contributions of each partner.
Whether you are married or are in a common law relationship, the team at Caspersz Chegini LLP can help ensure that your rights and interests are protected during property division. Click here to take the first steps in understanding those rights and interests.
In Ontario, two people are considered common-law partners if they have been continuously living together in a conjugal relationship for at least three (3) years or for one (1) year if they have a child together by birth or adoption. Although common-law spouses have the same rights to parenting and decision-making for children, as well as support, as partners who are married, property rights for common-law spouses in Ontario are different from those of married couples.
In Ontario, common-law couples do not have the same automatic property rights as married couples. Instead, property rights for common-law spouses are primarily governed by principles of trust law and can be more complex. It is important to understand that property division for common-law couples depends on individual circumstances, including contributions made during the relationship. The experienced Team at Caspersz Chegini LLP are no strangers to these differences. Click here to learn to start understanding your individualized property rights and entitlements, whether you are married or are in common-law relationship.
In Ontario, the issue of grandparents' visitation rights is approached with a focus on the best interests of the child. While grandparents do not have automatic legal rights to visitation, they can seek access to their grandchildren through the court system under certain circumstances. The Family Law Act recognizes the importance of maintaining relationships between children and their extended family members, including grandparents.
Given the complexity of this issue and the unique circumstances in each case, it's highly advisable for grandparents seeking visitation rights to consult with an experienced family lawyer. The Team at Caspersz Chegini LLP can provide guidance, help navigate the legal process, and ensure that the best interests of the child are upheld while preserving important family relationships.
For tailored assistance in this area, we invite you to benefit from our complimentary 30-minute consultation. To explore further, simply click here.
IN THE MEDIA
Explore our 'In the Media' section to find the latest coverage featuring our Family Law experts. From news articles to interviews and features, this curated collection offers a glimpse into how our professionals contribute their insights to the landscape of family law.
Volatile Real Estate Market Makes Divorce Even More Painful
Lisa Chegini discusses with The Globe and Mail about the challenges of going through a divorce in the current real estate market.
Read article
Justin and Sophie Trudeau Announce Their Separation
Kevin Caspersz discusses with 640 Toronto - Global News about the family law implications of Canada’s Prime Minister separation.
Listen episode
Cutting Costs During "Divorce Season":
Kevin Caspersz speaks with Law Times about how individuals can minimize their costs during a divorce or separation.
Read article
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