​

​

​

​

​

​

​

​

​

Division of property can be complex. When a couple separates, the law aims to divide the family wealth accumulated during the marriage equally among the parties. To do this, the net worth (assets minus debts) of each participant during the marriage is expressed in a financial statement referred to as the "Net Family Property Statement". Subsequently, the spouse with the higher value of assets customarily pays an “Equalization Payment” to the other spouse with the lower value of assets and is calculated by dividing the difference in net worths in half. Assets may include such things as your home, vehicles, bank accounts, investments, jewelry, pensions and businesses. The equalization of property also calculates any debt you and your spouse may have, such as a mortgage, line of credit, credit card debt, and loans. It is important to take into account any tax consequences when preparing net family property statements for a more accurate financial picture.

 

An associate from Bridge can help participants settle their financial family disputes in a practical, efficient manner, while avoiding costly mistakes in the equalization of family property. In addition, an associate can forecast several financial scenarios taking into account support issues, and valuable assets like the matrimonial home and pensions.

​

​

​

​

Parties are often confused as to who should remain in the home (referred to as "possessory rights") while family disputes are being resolved and settled.  Much of that depends on whether the couple are married or not, and if not married, whether there are minor children involved.  

​

A Bridge associate may provide information on this issue and others, on an as-needed basis.

 

​

​

​

A Parenting Plan is a comprehensive document that outlines how participants will co-parent children after separation. The plan is customized to fit the unique needs of the family and focuses on the areas of decision-making, living arrangements, and the sharing of parental responsibilities. It may contain details about residential schedules, holidays, parenting arrangements, education, extracurricular activities, healthcare, travel, and parental communication. 

​

Creating a parenting plan can help reduce conflict and provide clarity going forward, as it establishes basic ground rules and protocols to govern participants' future behaviour. Bridge associates are committed to facilitating the creation of detailed quality parenting plans to meet the needs of each family. 

​

In addition, a Bridge associate can mediate and/or draft changes to an existing Parenting Plan as the circumstances or needs of the children change.

​

​

​

​​

Some participants do not want a comprehensive parenting plan and simply wish to have either a parenting schedule mediated and drafted and/or an agreement surrounding custody. It is important to remember that child custody should not be confused with a child’s living schedule, or with whom a child is residing. Child custody is about decision-making responsibilities for the child or children. The spouse who has custody of a child or children makes decisions about their: 
 

• Personal care

• Education and schooling

• Moral instruction (what is right, what is wrong)

• Religious and cultural instruction

• Medical care

 

When parents are living together—married or unmarried—they make decisions together about their children, or are basically in a status of “joint custody”. This means either can be involved in decision-making. For example, a school permission form would require a signature of only one of the parents. However, the situation can change when parents separate, whereby custody must be agreed upon by the participants, or by default a court.

 

Our governments, federal and provincial, retain the ultimate decision about child custody. Child custody arrangements are only imposed by the court if the parties cannot come to their own arrangement.

The Divorce Act is federal legislation that applies if the participants are married. Whereas, if they are not married, 
provincial legislation applies, and in Ontario, this is the Children’s Law Reform Act. This legislation governs the issues surrounding child custody from the point of view of the “best interests of the child.”

​

A Bridge associate can mediate and draft any portion of a parenting plan including issues related to decision-making and child access, or the child's living arrangements.

​

​

​

​

Every parent has a legal duty to financially support their dependent children. This is the case if the parents were married to each other, were living as common-law partners, or have never lived together at all. Child Support is an amount that is paid from one parent to the other, usually calculated on a monthly basis, not taxable to the recipient, and not tax deductible to the payor. The purpose of Child Support is to help with the living expenses of the child. This includes, but is not limited to: food, diapers, clothing, personal care items, school supplies and, generally, basic extracurricular activities.

​

​Our mediators at Bridge can help determine monthly Child Support obligations and additional special or extraordinary expenses, if applicable.

​

​

​

​

Spousal Support is money paid by one spouse to the other after they separate or divorce. Many factors may affect whether a married or common-law spouse is entitled to spousal support and how much support they should receive and for how long. The calculation of Spousal Support can be extremely complex.

 

Our experienced mediators at Bridge can guide participants through this process and provide information that may assist them in coming to a mutual agreement.

​

​

​

​

If an agreement is reached in mediation, the family mediator documents the terms of that agreement between the participants in a Mediation Report or Memorandum of Understanding.

 

Each participant should take the Mediation Report to his or her lawyer for independent legal advice. At this point the terms of the Mediation Report are incorporated into a legal document called a Separation Agreement, which becomes a legally binding agreement once it is signed.  The lawyer will ensure that there has been complete financial disclosure and that the formalities of execution are in compliance with the Family Law Act.

​

It is important to remember that the Mediation Report has no legal value if either participant fails to comply with the terms of the settlement. To give the settlement full legal force and effect, in other words to make it binding, a Separation Agreement must be drafted by a lawyer, signed, and filed with the courts. A court fee may also be payable.

 

A Bridge associate is qualified to not only draft Mediation Reports, but also draft Separation Agreements, saving participants time and legal costs.
 

​

​

​

A Separation Agreement is a legally binding contract created between two spouses, at the time of their separation. The Agreement establishes the details of the separation including who will live in the family home, how property will be divided, who will pay the family debts, who will make child and spousal support payments, where the children will reside and who will make the important decisions for the child. 

​

To create a legally binding Separation Agreement both spouses must provide full financial disclosure to each other. This requires full details of their assets and liabilities as of the date of their separation. The Agreement must be in writing and signed by each party in the presence of a witness. The Agreement must be entered into voluntarily and not under any duress. Each party must understand the Agreement.

​

The information from the Mediation Report is included in a Separation Agreement. However, neither document implies that any legal advice has been given, as both agreements replicate the information received from you throughout the mediation process. It is strongly recommended that participants retain Independent Legal Advice before signing any documentation arising out of the end of your marriage or common-law relationship.

​

Some Bridge mediators are also lawyers and are, therefore, qualified to draft Separation Agreements in addition to Mediation Reports.

​

​

​

​

Divorce is the legal end to a marriage. A participant must apply to the court to become divorced, especially if the participant wishes to remarry. In Canada, divorce is only determined on the grounds of ‘marital breakdown.’

There are three ways to show that your marriage has broken down:

 

1) Living separate and apart for at least one year;

2) Adultery; and

3) Cruelty (physical or mental).

 

The majority of divorces are filed based on the one-year separation requirement. Having a Separation Agreement does not mean you are divorced. You must apply to the court to become divorced.

 

A Bridge associate can assist separated couples in drafting a Joint Divorce Application to file with the court.

​

​

​​

​

In Ontario, a prenup is a domestic contract that is referred to as a marriage contract and is an agreement made by two (2) persons who are married to each other or intend to marry. Cohabitation agreements on the other hand, are agreements made by two (2) persons who are cohabiting or who intend to cohabit and who are not married to each other. In the event the parties to a cohabitation agreement marry each other, the agreement becomes a marriage contract. 

 

Both types of domestic contracts outline what the parties agree to with respect to their rights and obligations in the event of a separation. Amongst other things, the cohabitation agreement and the marriage contract can settle the parties’ division of assets upon separation. Without such contracts, how a couple’s assets are divided when a separation occurs lies ultimately with the courts, resulting in reduced control over the process and outcome. Furthermore, in many circumstances such an agreement is appropriate. For example, if one person is putting the majority of the funds into the home that the couple will live in. In that case, it makes good sense to have a marriage contract, to establish what will happen with those funds if there is a separation. Not having an agreement can be quite costly.

​

Learning what can and cannot be included in such agreements is key. Cohabitation agreements and marriage contracts may cover, amongst other things:

​​

• Division of property upon separation or death

• Property ownership (what is owned jointly and separately)

• Property inheritance

• Support obligations

• The right to direct education and moral training of children.

​

Cohabitation agreements and marriage contracts cannot cover, amongst other things:

​​

• Custody of, or access to children

• Clauses considered illegal or immoral.

 

The benefits of having a cohabitation agreement or a marriage contract include:
 

• Clarity and peace of mind should a separation or a divorce occur

• Removes uncertainty as contentious issues are pre-drafted

• Avoids assets being considered joint property, helping to protect children from previous relationships.

 

​Bridge Divorce and Family Mediation professionals will help ensure these contracts are mediated and drafted within a process that is both collaborative and transparent, while uncovering the expectations and interests of each participant. However, participants are expected to obtain their own independent legal advice before signing such agreements. 

​

​

​

​

The Canada Pension Plan (CPP) contributions you and your spouse or common-law partner made during the time you lived together can be equally divided after a divorce or separation. This is called credit splitting. Credits can be divided even if one (1) spouse or common-law partner did not make contributions to the CPP, as long as one of the former spouses requests upon application through Service Canada. 

​

A Bridge associate can provide information about credit splitting and assist in the Service Canada application.

 

​

​

Bridge associates can also help with the following other items:

​

• Update CRA information with Change in Marital Status 

• Legal name change

• Canada Child Benefits Application 

• Change in Power of Attorney for Living Wills and referral to legal professionals to update estate planning.

 

​

​

​

​

​

​