Frequently asked questions
General answers to the questions clients ask most often. Every matter is different, so treat these as a starting point, not legal advice.
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Your first step is a complimentary telephone consultation of up to 30 minutes with Tanya. You will discuss your situation, your goals, and the options available to you, and leave the call with a clearer sense of the path forward. There is no obligation to proceed.
Yes. Forte offers a complimentary telephone consultation of up to 30 minutes. You can request one through the form on this site or call (416) 970-6055 directly.
Inquiries are handled with discretion and used only to respond to you and to check for conflicts of interest. Please share only a brief outline of your situation until a conflict check is complete. See the Privacy Policy for details.
A short timeline (when you married or began living together, and when you separated), the names and ages of any children, and a rough picture of assets, debts, and income. Any existing agreements or court documents are also helpful.
Fees depend on the nature and complexity of the matter. Tanya will explain how fees and the retainer deposit work during your complimentary consultation, before any work begins. Fees and the scope of work are always set out in a written retainer agreement before work begins.
Under the federal Divorce Act, the only ground for divorce is breakdown of the marriage. Most divorces proceed on the basis that the spouses have lived separate and apart for at least one year. The application can be started earlier, but the divorce cannot be granted until the year has passed. Adultery and cruelty are the other two ways to show breakdown. Estimate your date.
Yes. Spouses can live separate and apart under the same roof. What matters is how the relationship actually functions: separate bedrooms, finances, meals, and social lives can all be relevant. Recording your date of separation clearly is important.
Not necessarily. Many matters resolve through negotiation, mediation, or a separation agreement. A court application is still needed to obtain the divorce itself, but where the other issues are settled this is usually a paper process. See Divorce & Separation.
Family cases generally start where you or your children ordinarily live. For residents of Woodbridge and the rest of York Region, family matters are heard at the Newmarket Courthouse, 50 Eagle Street West.
Yes. Matters involving self-employed individuals, business owners, and professionals are a central focus of the practice. Where business valuation, income determination, or other complex financial issues arise, Tanya works with Chartered Business Valuators and other financial professionals.
Not exactly. Married spouses equalize the growth in their net family property during the marriage, which usually results in a payment from one spouse to the other rather than a division of each asset. Common-law spouses do not have an automatic property-sharing regime and must rely on other legal claims.
Income for support may include more than what appears on a personal tax return. Retained corporate earnings, personal expenses run through a business, and other adjustments can be relevant. This often requires financial documents and, in some cases, an income report from an accountant.
The law now uses "decision-making responsibility" for major decisions about a child and "parenting time" for the schedule each parent spends with the child. The test for every parenting question is the child's best interests.
A move that would significantly affect the other parent's time with the child is a relocation, and specific written notice requirements and legal factors apply. Get advice before making plans.
Well before the wedding or move-in date. Agreements signed under time pressure are easier to challenge. Each party should have full financial disclosure and independent legal advice.
In some circumstances, for example where significant assets or debts were not disclosed or a party did not understand the agreement. Careful drafting, full disclosure, and independent legal advice make an agreement far more durable.
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