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Property Division and EqualizationIn Oshawa Superior Court and surrounding Family Courts

Simply stated, married people who have decided to separate are entitled to an equalization of assets amassed during the relationship subject to any debts, while also considering potential further deductions/adjustments that may be permitted under law, ie. date of marriage assets, inheritance received during the relationship that is traceable and not gifted to your spouse, etc. The McDermott Family Law Team focuses on alleviating the stress from different legal matters that include property division and equalization in Oshawa (and other surrounding Courts) after divorce. Mr. McDermott has a simple philosophy. He believes his law firm should balance client fees and find creative solutions with effective litigation (when necessary) to provide a service that makes a difference for everyone involved. The McDermott Family Law team is always available to help you sort through the legal requirements and answer your questions. For example, many people wonder about the division of assets and property and how that gets decided. You can work with your spouse and a lawyer to decide how to divide your property. Any decisions need to be incorporated into a domestic contract or Court Order. Alternative Dispute Resolution options, such as Mediation or Mediation and Arbitration, are sometimes agreed to be the best avenue for clients to utilize.

Limitations Periods

There are some limitations under Provincial and Federal legislation that must be considered when determining how to advance/narrow the issues of a family matter. Simply stated, there are situations wherein an equalization claim may fail if it the Court determines that the claim(s) was not brought within six years of the date of separation. Other limitations include two years after the date of divorce or six months from the date of a spouse’s death. The number one priority of our law firm is to make life easier for our clients. We serve clients in a variety of different areas within the Durham Region and other Superior Court jurisdictions including but not limited to Peterborough, Lindsay, Newmarket, and Cobourg Superior Courts.

Married Couples and Common Law Spouses

It’s important to remember that property division and equalization in Oshawa Superior Court and other surrounding Courts in Ontario are different for married couples and common-law relationships. The Divorce Act only applies to married spouses and the Family Law Act assist common law matters. If you’re in the middle of this process or thinking about separation and/or divorce, we are here to help. Mr. McDermott is available for phone consultations. We can help with matters of property division and equalization in Oshawa Superior Court and other surrounding Family Courts.

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