4 Reasons Why You Might Need Notary and/or Commissioning Services in Oshawa

4 Reasons Why You Might Need Notary and/or Commissioning Services in Oshawa.

There are a variety of different procedural steps that require Notary and/or Commissioning Services in Oshawa.  Mr. McDermott and his team have created a focused and devoted service that caters to each individual client’s requirements.

Here are five different reasons why they might need this service.

Real Estate Transactions

Whether you are buying or selling a home or other type of property, the documents need to be authenticated. A notary can confirm the signatures on mortgage and other documents are credible. The official seal or stand that gets used confirms that all the parties are exactly who they say they are.

Writing A Will

A Will is a legal document that may require an Affidavit of Execution, which needs to be notarized. This is the best way to prove that your Will is valid. Notary and/or Commissioning Services in Oshawa and surrounding Superior Court locations involve bringing the document into a lawyer’s office so it can be signed. It’s helpful to really prove that you were the individual that signed the will and that you were of sound mind at the time.

Travel Letters

These are recommended for everyone under 18 years of age who is travelling alone. It is possible Canadian border services can turn you away if you’re traveling along with minor children without one of these letters.

Taking a travel letter of consent with you is evidence that your ex or partner understands and has agreed to the excursion. Travel information and some type of government issued ID can be brought in to get these letters notarized and witnessed.

Promissory Note

Lending money is another situation where you should have a notary involved. This may not be a full proof method to get money back from a colleague, family member or friend. However, it gives you some legal proof that an agreement exists.

Notary and/or Commissioning Services in Oshawa are important for several different reasons. The McDermott Family Law team has a priority and that’s to alleviate stress when you are going through legal matters. Mr. McDermott is experienced. His career portfolio includes working with some of the most well-known family law firms in Durham Region.

If you need Notary and/or Commissioning Services in Oshawa, The McDermott Family Law team is ready to help. Please call us at 647-535-4326 or Book a Consultation. We are here to help you with a variety of different family law issues.

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What You Need to Know about Mediation and/or Arbitration in Oshawa

What You Need to Know about Mediation and/or Arbitration in Oshawa

The McDermott Family Law Team is happy to assist with Mediation and/or Arbitration in Oshawa Superior Court and other Superior Court locations. These services are available to potentially avoid litigation and are also often recommended by Judges. The idea is to resolve any conflicts outside of Court. This process is also called alternative dispute resolution.

Here’s what you need to know about how this method works.

Going to court can be an adversarial and costly experience. Quite often it can make the dispute longer and more emotional and more expensive. Mediation and/or Arbitration requires that each party begin negotiations and look for terms that are acceptable to each.

It’s important to remember that the process is voluntary. No one can be forced to take part or agree to any terms. However, if you agree to attend Arbitration and are unable to reach an agreement during Mediation, then an Arbitrator will make decisions and award terms for you.

The Stages of Mediation and/or Arbitration in Oshawa

  • The first stage is meeting with a Mediator. Mediators help people to understand each other’s perspectives and situations. Their goal is to help participants agree and compromise.
  • If a Mediator can’t help you to resolve your issues, assuming you agree to the service, an Arbitrator steps in. These are often lawyers or even retired Judges who have experience in family law matters. If no agreement can be reached, this Arbitrator will decide your issues in what is called an Arbitration award.

A Mediator and Arbitrator can be the same person or different people. It is also important to get independent legal advice so you are informed and prepared during the entire process. A lawyer will be able to tell you and give you advice on how the law applies to your specific situation, and how signing agreements can alter your rights. As well, a lawyer may be required should an award potentially require an Appeal.

Mediation and/or Arbitration might not be suitable if there’s been a history of abuse or a power imbalance, potential substance abuse issues and/or serious mental health concerns.

If you need Mediation and/or Arbitration help in Oshawa and surround Superior Court locations, the McDermott Family Law Team is always looking forward to hearing from you.  Please call us at 647-535-4326 or Book a Consultation. We are here to help you with a variety of different family law issues.

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A Family Law in Oshawa Checklist Concerning Spousal Support

A Family and Divorce Lawyer in Oshawa Checklist Concerning Spousal Support

Our family law firm in Oshawa Oshawa Superior Court jurisdiction (and other surrounding Court locations) adheres to government regulations when it comes to spousal support. McDermott Family Law wants to help lessen the stress that surrounds separation, divorce, and other family law issues.

We’ve put together this quick checklist concerning spousal support. Our priority is to balance client fees and provide services that make a difference. A big part of that is educating people so they understand these matters.

When married couples separate, it is the Federal Divorce Act that sets out the rules for spousal and child support. For unmarried spouses or common law relationships, it is the Provincial Family Law Act that applies.

Our lawyers can assist with litigation matters in Oshawa Superior Court or settlement negotiations necessary to come to a resolution. We can provide Court representation, matter review and legal advice on a limited scope retainer, as to potential entitlement to receive spousal support or a potential obligation to pay spousal support.

There are several factors to consider when reviewing potential spousal support entitlement/obligations including but not limited to:

  • The financial requirements and the monetary means of each spouse/party involved as well as the length of their marriage or relationship.
  • The role that each spouse played during the marriage and the effect the breakdown had on both of their financial positions after separation.
  • The children and any care they will need as well as any other arrangements, agreements, or Court Orders that have already been made concerning spousal support.
  • There is a no-fault clause when it comes to divorce in Canada. That means that the reasons the marriage ended likely will have no impact on a spouse’s legal obligations to support the other, assuming entitlement to support is confirmed.

It is also important to look at whether child support is required to be paid for the benefit of the children and how that may impact the ability to pay spousal support.

McDermott Family Law can help you with these and other questions. Getting legal representation in a timely manner is the best way to stay organized and on top of any issues that may arise on your matter post separation. 

Book a consultation to get started. We look forward to hearing from you

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Here Are 5 Questions to Ask a Family and Divorce Lawyer in Oshawa

Here Are 5 Questions to Ask a Family and Divorce Lawyer in Oshawa

Making the decision to speak to a family and divorce lawyer in Oshawa Superior Court and other surround Courting locations is a big step. Many people feel nervous or overwhelmed when considering speaking with a family and divorce lawyer and it can be stressful to attend an initial consultation with a lawyer. Preparation can help to calm any anxieties you might be feeling. It is recommended that you gather and organize your relevant documents (such as income and tax documents, mortgage and/or lease agreements, any previous Court Orders or Separation Agreements, etc.). Being organized before your initial consultation with any potential family and divorce lawyer will make it easier for you to secure answers to many of your questions.

How Long Have You Been In Practice?

Experience is very important when it comes to family law. An attorney who’s been resolving these types of conflicts for years may be better prepared to suggest more specialized and/or creative solutions for your specific circumstances.

Is This One of Your Specialties?

Before retaining a lawyer, you should consider that some lawyers practice different or several types of law but there are lawyers that focus specifically in one arear of practice, such as family and divorce lawyers. Depending on your matter, it may be beneficial to retain a lawyer that focuses primarily in family law.

Also, you should feel comfortable asking questions not only about the lawyer but the team that the lawyer works with, i.e., paralegals, law clerks, any other associate/junior lawyers that may work with the lawyer you are speaking with.

How Long Will It Take to Go Through a Divorce?

This is easily one of the most common questions for prospective clients seeking assistance in their family and divorce law matters. While every matter is unique, family and divorce law matters in Oshawa Superior Court and other surrounding Court locations, or other matters that may not require litigation, the time it takes to complete matters depends on several factors, including but not limited to whether parties are potentially amicable, whether there are children that require care and decisions that may evolve with each passing month/year and whether there are an abundance of assets, debts, concerns with income and financial disclosure, etc. People often worry about how stressful the procedure can be.

Less contentious matters typically require less time to narrow and resolve and it is important to focus on working cooperatively to get the most expeditious resolution possible.

When a family and divorce law matter involve parties and lawyers that can work together, make compromises and focus on a resolution, then the entire process can run smoother. However, it should be known that even the most amicable of matters can still take weeks or even months to completely resolve.

Ask About Communication and Billing Practices  

Ask about the type of communication and the frequency you can expect during the process with a family and divorce lawyer in Oshawa Superior Court and surrounding Court locations. Setting some realistic expectations on what is considered reasonable communication between a lawyer and client permits both parties to better understand how the matter will proceed and how communication patterns/expectations may impact your legal fees. It is also important to find out if the lawyer has a good support team who can handle some of your questions when the lawyer is indisposed or not required for more procedural type questions.

A strong legal team that delegates work on your matter can ensure your matter is advancing in a timely manner and with manageable legal fees combined with the client having reasonable expectations and being informed of the status and next steps of their matter.

Ask About The Children

Child custody (now referred to as decision-making and care time with the children) and general parenting matters are considered some of the most difficult matters in family and divorce law due to the obvious emotional component of most parenting matters. On all parenting matters, while the terms is sometimes misused and/or abused during litigation, it is always important to note that the child’s best interests are paramount. Talk to your lawyer about the expectations you have for custody and parenting issues. The current Divorce Act and Family Law Act maintains a focus on the child’s best interests and assists in better understanding the goal to resolve parenting issues, including but not limited to decision-making, parenting and care time with the child(ren) and support for the child(ren). 

Looking for a family and divorce lawyer in Oshawa?  McDermott Family Law understands how emotionally complicated these matters can be. The services provided by Mr. McDermott and his legal team are based on attention to detail and value to the client. Call now to schedule a consultation and allow McDermott Family Law to reduce the stress of taking the next steps with your separation and/or divorce process.

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