Why Everyone Should have a Family Law Lawyer

Family lawyers are like dentists. Both can be expensive, but both can be a lot more expensive if you do not see one when you should.

There are a lot of legal issues that people contemplating marriage or cohabitation do not know about or do not want to think about. Most couples do not get married with the expectation that one day they may divorce, but with the high divorce rate today, maybe it is something that should be considered: what are my rights if this does happen to me?

Every future spouse should at least be aware of some basics before they enter into marriage, especially now that couples tend to marry much later than in the past and are often quite established financially before they marry and start a family.

The basics that are referred to above are basics for family law lawyers but not for everyone else. For example, what happens if you get an inheritance, gift or life insurance proceeds either before or after marriage? How are these treated for equalization purposes? How can you protect these assets? The answers are quite simple but I have heard far too many clients say “If only I had known.”

Seeing your lawyer before marriage to discuss marriage breakdown is not romantic or fun. But neither is drafting your will – yet so many people have wills.   While on the topic of wills, you should see your family law lawyer to discuss your will both before marriage and after separation. Many people do not know that a marriage can void a will - or that if you are separated and do not have a will, your spouse automatically gets the first $200,000 of your estate (this is called a preferential share in legalese).

As couples marry later in life and generally have more assets than before on marriage date, it is more important than ever to discuss this with your family lawyer prior to marriage. A half hour conversation can save you thousands of dollars in the future. Again, this is a basic for family law lawyers, but not for everyone else. I have heard so many clients say “How was I supposed to know that?” The simple answer is to talk to your lawyer. They would have given you the most basic of advice – keep your paperwork.

Another issue to consider is the matrimonial home. Your family lawyer can properly explain what a matrimonial is, the fact that you can have more than one matrimonial home at the same time, and the special status that the matrimonial home is given in Ontario.

If you are separated and are thinking of starting a court proceeding, you should always speak to your lawyer first. If you cannot afford representation in court, at least get the guidance and assistance of a lawyer to help you navigate through the court process and procedures, to assist you in drafting your Application, to ensure that you are in the right court, to ensure that your Application is complete and proper to best protect your interests.  Family law lawyers know the law; know how family court works; know its process and procedures; and most importantly know the Family Law Rules. Every self-represented litigant is expected to know them as well, but most do not. Many clients start their own court proceeding and then go see a lawyer to fix problems and mistakes. This can cost a lot more than if they had seen their lawyer in the first place. The same is true for dental patients: a filling is a lot cheaper than a root canal and crown.

About Irina

My practice focuses on family law where I represent clients in all areas including custody and access, child and spousal support, equalization and division of property, and mobility rights.

I am a certified Collaborative Family Law lawyer and am a member of the Peel Halton Collaborative Group. My background and interest in psychology helps to bring an effective but compassionate approach not only to my collaborative practice but more generally to all families, including those involved in litigation.