Family Law

Resolve family conflict with professional care

Effective Solutions for Complex Family Law Issues

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Family law issues can be complex and emotional, involving not just the parties, but also their children, family members, businesses, and assets. The legal team at Pace Family Law has the experience and sensitivity to protect your interests, advocate your position, and achieve a fair resolution.

Domestic Issues Resources

Facing domestic issues can be challenging, but numerous resources in Ontario offer support and guidance. Whether you need crisis intervention, legal advice, or counselling services, the following organizations are here to help.

Resolve Family Matters with Mediation

Mediation is an increasingly popular choice for resolving family law disputes in Ontario. Unlike court litigation, mediation is a collaborative process that allows families to reach a resolution that works for everyone involved. This method is often quicker, more cost-effective, and less adversarial, making it ideal for families who want to maintain some level of cooperation.

How Mediation Works in Ontario

The mediation process begins with both parties agreeing on a neutral third-party mediator. This mediator helps guide discussions, focusing on areas like parenting arrangements, spousal support, and property division. The goal is to reach a mutually acceptable agreement that suits the needs of both parties. At Pace Law Firm, we believe in the power of mediation as a positive and effective option for resolving family disputes. Mediation offers a modern, collaborative approach that can help families achieve better outcomes while reducing the emotional and financial strain of litigation.

Benefits of Mediation in Family Law

Mediation offers numerous advantages that can help families achieve better outcomes without the stress of litigation:

Mediation allows both parties to have more control over the final agreement, rather than leaving decisions to a judge.

Family matters discussed during mediation remain private, unlike court proceedings which are part of the public record.

Mediation is generally more affordable than going to court, saving both time and money.

The mediation process is less adversarial, helping to minimize stress and emotional strain for all parties involved.

By fostering cooperation, mediation can help preserve family relationships, which is especially important when children are involved.

With these benefits, mediation is often the preferred choice for families seeking a fair and efficient resolution.

When Mediation Is Recommended

Mediation is suitable for many family law cases, including divorce, parenting arrangements, and property division. It works best when both parties are open to working together to reach a fair agreement, as it encourages collaboration and compromise.

Divorce and Separation: Mediation can help couples navigate complex issues such as asset division, spousal support, and establishing new living arrangements. By fostering open communication, mediation allows both parties to craft an agreement that works for their individual needs.
Parenting Arrangements: For parents, mediation is invaluable for establishing parenting time, custody arrangements, and decision-making responsibilities, focusing on the best interests of the children.
Property Division: Mediation simplifies the division of property and assets, allowing both parties to negotiate fairly without the lengthy court process.

However, mediation may not be suitable for every situation. Cases involving domestic violence, severe power imbalances, or unwillingness to engage in a cooperative process may require court intervention to ensure safety and fairness.

Work with Neutral Mediators Through Pace Law Firm

If you are considering mediation for your family law dispute, Pace Law Firm is here to assist. We work with experienced, neutral third-party mediators who are skilled in guiding both parties towards a fair resolution. Our role is to support you throughout the process, ensuring that you understand your options and can make informed decisions. While the mediator facilitates the discussions, each party may also seek independent legal advice from their own lawyer to protect their rights. We focus on helping you reach a resolution that suits your family’s unique needs and circumstances, offering support every step of the way. Schedule a consultation and learn more about how mediation can benefit you.

Separation & Divorce

At Pace Family Law, we have extensive knowledge and experience in separation and divorce matters.

Our separation and divorce lawyers are committed to protecting your legal rights and getting you the most just and fair outcome possible. Whatever your needs are we encourage you to contact us for an in person or remote video consultation to discuss your matter. We are here to help.

Divorce or separation?

One of the most common questions that people ask is: “What’s the difference between a divorce and a separation?”, or “When am I legally separated, and when am I divorced?”

While a divorce requires a court order; a separation does not. In fact, you don’t ever need to go to court in order to be separated. For the purpose of family law, parties are deemed to be “separated” when they are living “separate and apart”. This usually means that the parties are physically apart and are living in different homes, however, this is not always the case.

Reasons the court will deny you a divorce

As defined in the Divorce Act, collusion is any agreement or conspiracy to which a divorce applicant is either directly or indirectly affiliated in by subverting the administration of justice. This includes any agreement, understanding, or arrangement to fabricate or suppress evidence or to deceive the court, but does not include an agreement that provides for separation between the two parties such as financial support, property division, nor the division of custody.

Collusion occurs when a couple agrees to lie about their true date of separation in order to secure a divorce decision sooner.

When one spouse encourages the other to commit a marriage offence in order to establish grounds for divorce, this is known as connivance. This prohibition only applies to circumstances where adultery or cruelty are being considered as grounds for divorce. This limitation is discretionary, meaning the court can still issue a divorce despite condonation if it is in the public’s best interests.

Like connivance, condonation also only applies to divorces based on adultery and cruelty. When a spouse who is aware of the offence forgives the offender, and remains or restarts cohabitation with the guilty spouse, this is known as condonation. Cohabitation, on the other hand, is insufficient evidence of condonation. Instead, it must be accompanied by an actual intention on the part of the victimized spouse to forgive and reconcile.

If a spouse has previously approved an act of adultery or cruelty, that conduct cannot be resurrected and used as a basis for divorce in the future. This limitation is also discretionary, meaning the court can choose to issue a divorce despite condonation if it is in the public’s best interests.

If children are involved, and the couple has not made acceptable arrangements for their children’s support, the court may put the divorce on hold until such arrangements are established.

This threshold is discretionary since, before granting the divorce, the court must be convinced that the agreements made are reasonable. The court may find that the arrangements are reasonable for the support of the children by considering the guidelines amount, written agreements between the spouses, and any special circumstances surrounding the case that may or may not make the arrangements reasonable for the support of the children.

As a result, after the spouses have filed a divorce petition based on the dissolution of their marriage, acceptable arrangements for the children’s support have been arranged, and there is no proof that they conspired, connived, or condoned, the court may award a divorce dissolving the marriage.

When a divorce is granted, it takes effect on the 31st day following the day on which the divorce ruling is given. Unless there are exceptional circumstances that need the divorce to take effect immediately, this rule will apply. However, the parties must agree not to appeal the verdict before the court can do so. If the parties instead decide to appeal the ruling, the divorce will take effect on the day the appeal procedure is completed.

A divorce ruling can be appealed within 31 days. Once the effective date has passed, either spouse should file for a Certificate of Divorce, which certifies that a divorce has been granted and the marriage has been dissolved. This document serves as conclusive evidence of the legal divorce ruling.

Foreign divorces

A divorce may be recognized under the Divorce Act if either former spouse lived in the country for at least a year previous to the start of the divorce proceedings. Other parts of the statute may allow for the recognition of a foreign divorce.

Child Custody & Access

At Pace Family Law, we have extensive knowledge and experience in child custody and access matters.

Our family lawyers and staff are committed to protecting your legal rights and getting you the most just and fair outcome possible. Whatever your needs are we encourage you to contact us for a free, no obligation, confidential 30 minute in person or remote video consultation to discuss your matter. We are here to help.

What is custody?

The term “custody” refers to decision-making authority. Essentially, the parent who has custody of a child has the power to make important decisions in the child’s life. Usually, these decisions relate to the child’s religion, school and educational programs, and health care.

Sole custody vs. joint custody

The custodial arrangement agreed to by the parties or mandated by the court is unaffected by shared custody. Instead, it’s about child support, therefore “sharing” custody with your ex-spouse/partner won’t affect the custodial parent’s ability to make final decisions. Instead, if the access parent can establish that the child spends at least 40% of his or her time with him or her, shared custody may allow him or her to pay less child support. Weekends, overnights, and portions of vacations can all be counted toward the 40 percent requirement.

Split custody is another (more uncommon) form of custody arrangement. Parents with split custody have more than one child together, and each parent has one or more children who live with him or her primarily.

What is access?

When one parent is awarded custody of the children, the other parent is normally granted the right of access (visitation). Access visits can either be unsupervised or supervised, depending on what is felt to be in the best interests of the child.

Commonly access is unsupervised. This is where the child goes to visit the parent, and no one else needs to be present while the child and parent are spending time together.

A typical access schedule involves the child spending alternate weekends and one or two nights per week with the parent who does not have primary care of the children. Typically, the access parent will also share holidays, including statutory holidays (i.e. long weekends), Christmas school break, March break, summer holidays and religious holidays etc.

Child Support

At Pace Family Law, we have extensive knowledge and experience in child support matters; from the simple to the financially complicated.

Our lawyers and staff are committed to protecting your legal rights and getting you the most just and fair outcome possible. Whatever your needs are, we encourage you to contact us for a free, no obligation, confidential 30-minute in-person or remote video consultation to discuss your matter. Pace Family Law is here to help.

The purpose of child support

Child support is considered the right of the child, not the parent receiving the money for the child. It is assumed that a parent that receives child support will use that money to take care of the child. Child support is there to make sure that a parent who is primarily responsible for the care of a child, does not have to carry the financial burden alone.

How is child support determined?

“Table Child Support” is called that because the amount of child support is determined by the tables set out in the Federal Child Support Guidelines. Table child support is meant to be a contribution to basic necessities for the child, such as food, clothing and shelter. The monthly child support obligation is determined by (i) the number of children requiring support, and (ii) the gross annual income of the parent required to pay child support.

One of the reasons that the Federal Child Support Guidelines were put into place, was to add simplicity and predictability to determining how much child support a parent should pay. Indeed, once it is determined what the payor parent’s gross annual income is, one need only look at the child support tables to find out what the monthly obligation is.

Lastly, when you’re talking about the table amount, only the gross annual income of the payor is relevant; the income of the recipient parent doesn’t matter.

“Special Expenses”, are the second type of child support in Ontario. These expenses are set out under section 7 of the Child Support Guidelines, and this type of support is meant to go towards things that are not covered under the table amount.

Section 7 expenses can include things like daycare, medicine, extra-curricular activities and education. Unlike table child support, s.7 expenses take into account the income of the recipient parent because each parent is expected to contribute their proportionate share towards the expense. What this means is that the amount of child support that is to be paid on a s.7 expense depends on the income of both parents. For example, if the expense is $100 per month and the payor’s gross annual income is $65,000 and the recipient’s gross annual income is $35,000, the payor’s share of the $100 monthly expense will be 65% ($65) and the recipient’s share of the $100 monthly expense will be 35% ($35).

Often, a court will also have to decide on the necessity and reasonableness of a s.7 expense. For example, if one parent enrolls the child in a very expense extra-curricular activity without notifying the other parent, it may have a negative impact on their ability to ask for s.7 child support. Why? – Because a court might determine that the way in which the expense was incurred was unreasonable.

Know your legal rights

Child support can be a simple process, or it can be a very complicated process; it depends on your particular circumstances. For this reason, you need to know how the law applies your situation.

Spousal Support

At Pace, we understand that you do not need a lawyer to make a separation agreement, but it is a vital to get legal advice before you sign one.

At Pace Family Law, our team of reputable staff have extensive knowledge and experience in spousal support matters to achieve the most just and fair outcome possible. Whatever your needs are, we encourage you to contact us for a free, no obligation, confidential 30-minute in-person or remote video consultation to discuss your matter. We are here to help.

What is spousal support?

The money paid by one spouse to the other when they separate or divorce is known as spousal support.

The goal is to assist a spouse in becoming financially self-sufficient.
Prevent a spouse from going into major financial trouble.
Costs of child care should be shared (if applicable)
Compensate for one spouse’s financial disadvantage during the partnership.

How to set up spousal support

To be legally binding and enforceable, a separation agreement must adhere to specific guidelines.

Make support payments directly to your spouse by signing a support agreement outside of court. The Family Responsibility Office ensures that child and spousal support payments are made on a regular basis.

If you and your partner are unable to agree on a spousal support amount, you can go to court and have a judge determine.

Determining spousal support

At Pace Law firm, we can help you determine the appropriate amount of spousal support for your circumstances. We will guide you every step of the way and discuss how the spousal support advisory guidelines apply to your situation. Our reputable team of legal experts have successfully represented and continue to represent our clients with the utmost care and respect they deserve. For over 40 years, our eminent lawyers have upheld our values and commitment in ensuring that we continuously provide our clients with the best advocacy possible.

Factors for consideration

Each spouse’s financial requirements
How long have you and your partner been married?
What roles did you and your partner undertake in your marriage?
How will your children be cared for? (if applicable)

Property Division

If you are contemplating a separation or are currently going through one, naturally you have concerns about your financial stability going forward.

At Pace Law, our family lawyers will guide you every step of the way through the property division process, and our lawyers will do their best to make it as worry and hassle-free as possible.

Unjust enrichment

This principle is best described as the non-titled spouse giving the titled spouse a benefit that is unfair for the titled spouse to keep. The normal remedy in cases of unjust enrichment is a monetary award as opposed to giving the non-titled spouse an interest in the property in question. A non-titled spouse can be given a proprietary interest as a remedy when a monetary remedy is not appropriate

Married vs. unmarried

When married spouses separate and seek to divide their property the process is called “Equalization of Net Family Property”. The property division sections are found in the Family Law Act in Ontario. The first step in the equalization process is to determine each spouse’s Net Family Property.In order to do so, spouses calculate the total value of their respective assets owned on the date of separation and subtract the total value of their respective debt on the date of separation.There are also exclusions and deductions that can be used to reduce a spouse’s Net Family Property. An example of an exclusion is any inheritance or gift received by one spouse from a third party during the marriage, provided it can be traced up to the date of separation. Therefore, if the inheritance has been spent and does not exist on the date of separation then it is not excluded. An example of a deduction is the value of any property owned by a spouse on the date of marriage. It is important to note that a spouse’s debts on the date of marriage will affect the amount of the date of marriage deduction claimed by the spouse.In most marriage breakdowns, the element of trust between spouses is gone. Therefore, the spouse claiming an exclusion or deduction must prove it. The best way to prove it is with documentation such as deeds, bank and investment statements, loan statements etc.The matrimonial home is given special treatment in the Equalization process. The matrimonial home cannot be excluded or deducted, even it is was a gift and even if it was owned by either spouse on the date of marriage, provided it is still the matrimonial home on the date of separation.When calculating net family property, the value of all types of property/assets and debts is included. Examples of property/assets include, but are not limited to, land, buildings, bank accounts, businesses, stocks, stock options, RRSPs, pensions, and accounts receivable. Examples of debts include, but are not limited to, mortgages, lines of credit, loans, and credit cards.Equalization of net family property results in one spouse (the one with the greater net family property) owing the other spouse a debt (equalization payment). It’s important to note that an equalization payment may amount to more or less than half of the other spouse’s total assets.It is also important to note that there is a time limitation on claiming an Equalization of net family property. A claim must be made within 6 years of the date of separation, within 2 years of a divorce, or within 6 months of the first spouse’s death, whichever occurs first. If a claim for Equalization is not made within these timelines, you or your spouse can be barred from ever claiming Equalization in future.

Unlike married spouses, unmarried spouses do not have the automatic right to equalization of net family property under the Family Law Act. The property division sections of the Family Law Act in Ontario are limited to married spouses. Not all is lost though. Unmarried spouses can rely on the use of common law principles.For example, when you have an unmarried couple that have lived together for some time and one spouse owns property in their name only, the other spouse may be entitled to a share of that property. The non-titled spouse can make a claim against the titled spouse for Unjust Enrichment and/or a Resulting Trust.

Resulting trusts

When the non-titled spouse contributes to the acquisition of a property, but their contribution is not reflected in title to the property, the titled spouse may be deemed to hold some portion of the property in trust for the untitled spouse. This type of trust also looks at the intention of the parties and whether there was a common intention that the property be joint, despite how title is registered.

Like most claims in family law, the onus of proving unjust enrichment and/or a resulting trust is on the spouse making the claim.

The real world application of the principles governing equalization of net family property and the common law claims of unjust enrichment and resulting trust can be complex, and are subject to many variables which can have a significant impact on your case. When it comes to property division, it is worth consulting a lawyer.

Domestic Contracts

At Pace Family Law, we are committed to protecting your legal rights and getting you the most just and fair outcome possible.

Whatever your needs are, we encourage you to contact us for a free, no obligation, confidential 30 minute in person or remote video consultation to discuss your matter. We are here to help.

Cohabitation agreements

More and more couples are deciding to live together without tying the knot. In such cases, entering into a Cohabitation Agreement may be a good idea. A Cohabitation Agreement is a legal agreement between a couple who have chosen to live together but remain unmarried. The purpose of the agreement is to specify each party’s rights and obligations as a result of their relationship and in the event of a future breakdown in the relationship.

Marriage contracts

Marriage contracts are commonly referred to as Pre-nuptial Agreements or simply, “Pre-nups”.

Ideally, they should be negotiated, drafted and signed well before your intended date of marriage. The last thing you want to be thinking about just before your wedding is who gets what if we break up. However, for those of you who do not get around to getting one signed before the wedding, don’t worry; one can be signed after your wedding date.

Separations agreements

A Separation Agreement is a legal agreement made between separating spouses, or common law partners, in an effort to resolve property, support, or parenting issues.Due to the fact that these issues can be quite complicated, they can have a major and long-term impact on your rights and obligations. Therefore, consulting with a lawyer to assist with the drafting and review of the Agreement is a wise idea.

Setting aside domestic contracts

Often when parties have marriage contracts in place and they attempt to have them set aside, they may argue that specific clauses were not clear enough or they did not understand their consequences when signing the contract. In these situations, the Court must look for an interpretation that is in accordance with the parties’ intention at the time the contract was signed.

Meet Our People

Al Pace

Founder & Chairman

Raffaele Masellis

Lawyer

Vishal S. Janda

Lawyer

Aida Wilkialis

Legal Assistant

Protecting your legal rights

Whether you’re dealing with issues of Separation, Child Custody, Child Support, Spousal Support, Property Division, or Domestic Contracts, at Pace Family Law we’ve dealt with it all. At Pace Law, we have been serving the community for over 40 years securing a high success rate and reasonable outcome for all our clients. We can assist you at any of our
offices located across Ontario; Toronto, Etobicoke, Collingwood, London, Kenora, and Sudbury.

Our approach to solving your family conflict

Separation and Divorce can be a very difficult and uncertain time. Our team of family lawyers and staff take the time to listen to each client’s unique needs and expectations.

We are dedicated to excellence in the area of Family Law. We know it and we know it very well. Rest assured that your legal rights will be protected. With a negotiate first, litigate if necessary approach, we know that at this difficult crossroad in your life you require a legal team that is compassionate and not looking to escalate conflict.

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Call us now or fill out the form to discuss your case with an experienced legal professional.

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Our Locations

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Resolve family conflict with professional care

Effective Solutions for Complex Family Law Issues

Connect With A Lawyer

Domestic Issues Resources

Resolve Family Matters with Mediation

How Mediation Works in Ontario

Benefits of Mediation in Family Law

Control Over Outcome

Confidentiality

Affordability

Reduced Stress

Preservation of Relationships

When Mediation Is Recommended

Work with Neutral Mediators Through Pace Law Firm

Meet Our People

Al Pace

Founder & Chairman

Raffaele Masellis

Lawyer

Vishal S. Janda

Lawyer

Aida Wilkialis

Legal Assistant

Protecting your legal rights

Our approach to solving your family conflict

Get in Touch

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