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Time Business News
22-05-2025
- Business
- Time Business News
Ensuring Fairness in Family Law Mediation: How Mediators Balance Both Sides
Promoting Equal Opportunity to Speak One of the most important responsibilities of a Family Mediator is ensuring that both individuals have the opportunity to express their concerns and perspectives without interruption or intimidation. Structured Sessions That Allow Both Voices to Be Heard: Mediators use structured dialogue formats to guide conversations. Each party is given designated time to speak, preventing interruptions and helping participants feel acknowledged. Mediators use structured dialogue formats to guide conversations. Each party is given designated time to speak, preventing interruptions and helping participants feel acknowledged. Family Mediators Use Active Listening to Ensure Fairness: Canadian Family Mediators are trained in active listening techniques. They paraphrase, summarise, and reflect back what each person says to confirm understanding and validate feelings. This approach helps both parties feel heard, reducing defensiveness and building mutual respect. Canadian are trained in active listening techniques. They paraphrase, summarise, and reflect back what each person says to confirm understanding and validate feelings. This approach helps both parties feel heard, reducing defensiveness and building mutual respect. Techniques to Manage Dominant or Overpowering Behaviour: Mediators are skilled at identifying power imbalances and using strategies to neutralise them. This may include separating parties into different rooms for shuttle mediation or redirecting the conversation when one person dominates. In cases involving potential intimidation, safety protocols and separate mediation sessions may be used to protect the integrity of the process. Ensuring Full and Honest Disclosure A cornerstone of fairness in family mediation is full and transparent financial disclosure. Without it, no meaningful or legally sound agreement can be reached. In Canada, Family Mediators ensure that both parties come to the table with complete and honest information about their financial circumstances. Requirement for Financial Documents and Asset Lists: Mediators typically request that both individuals provide a full financial statement, including bank accounts, real estate holdings, pensions, investments, vehicles, and other assets. This aligns with the standards set out in Canada's Family Law Act and is essential for negotiating spousal or child support, as well as property division. Mediators typically request that both individuals provide a full financial statement, including bank accounts, real estate holdings, pensions, investments, vehicles, and other assets. This aligns with the standards set out in Canada's Family Law Act and is essential for negotiating spousal or child support, as well as property division. Transparency About Debts, Income, and Property: Just as assets must be disclosed, so too must liabilities. Family Mediators guide participants to reveal all sources of income, outstanding loans, credit card balances, and mortgage obligations. This creates a comprehensive financial picture and reduces the risk of one party being unfairly burdened or taken advantage of. Just as assets must be disclosed, so too must liabilities. guide participants to reveal all sources of income, outstanding loans, credit card balances, and mortgage obligations. This creates a comprehensive financial picture and reduces the risk of one party being unfairly burdened or taken advantage of. Equal Access to Information Before Negotiating Settlements: Mediation cannot function fairly if one party is left in the dark. Mediators ensure that all shared information is exchanged openly and in writing so both parties have equal opportunity to review documents and seek legal or financial advice. Supporting Informed Decision-Making In mediation, fair outcomes depend on informed choices. A skilled Family Mediator in Canada plays a vital role in guiding parties toward understanding their options—without ever taking sides or offering legal advice. Explaining Legal Standards While Remaining Neutral: While mediators do not give legal counsel, they can explain general principles of Canadian family law—such as how spousal support is calculated or what factors influence parenting time. This legal context helps parties evaluate proposals within realistic boundaries, while the mediator maintains strict neutrality throughout the process. While mediators do not give legal counsel, they can explain general principles of Canadian family law—such as how spousal support is calculated or what factors influence parenting time. This legal context helps parties evaluate proposals within realistic boundaries, while the mediator maintains strict neutrality throughout the process. Encouraging Consultation with Independent Legal Advisors: Canadian mediators routinely recommend that both parties obtain Independent Legal Advice (ILA) before signing any agreement. This step ensures each person understands their rights and obligations and confirms that decisions are made voluntarily and with full awareness of potential consequences. Canadian mediators routinely recommend that both parties obtain before signing any agreement. This step ensures each person understands their rights and obligations and confirms that decisions are made voluntarily and with full awareness of potential consequences. Helping Parties Weigh Options Without Pressure or Coercion: A Family Mediator is trained to support discussions in a balanced and non-coercive environment. They assist both individuals in exploring various settlement options—whether related to support, parenting, or property—without pushing for a particular outcome. Crafting Fair and Sustainable Agreements The ultimate goal of family mediation is to create agreements that both parties can live with—both emotionally and legally. A qualified Family Mediator in Canada focuses on crafting solutions that are practical, balanced, and built to last. Building Mutually Acceptable Parenting and Financial Plans: Mediators help parties negotiate parenting schedules, support arrangements, and property division in a way that respects each person's needs and the best interests of the children. Mediators help parties negotiate parenting schedules, support arrangements, and property division in a way that respects each person's needs and the best interests of the children. Creating Clear and Enforceable Terms Under Canadian Law: An effective agreement must be more than fair—it must be precise and legally valid. Family Mediators work with participants to develop terms that are detailed, unambiguous, and consistent with Canadian family law. This helps prevent future misunderstandings and ensures the agreement stands up in court if necessary. An effective agreement must be more than fair—it must be precise and legally valid. work with participants to develop terms that are detailed, unambiguous, and consistent with Canadian family law. This helps prevent future misunderstandings and ensures the agreement stands up in court if necessary. Avoiding Outcomes That Feel Unfair or One-Sided to Either Party: A key sign of a successful mediation is that neither party feels taken advantage of. Mediators check in frequently during the process to ensure both individuals are comfortable with the terms being discussed. TIME BUSINESS NEWS
Herald Sun
15-05-2025
- General
- Herald Sun
Australian law changes to affect pets, property and finances
Don't miss out on the headlines from News. Followed categories will be added to My News. Pet and property owners watch out – Australia's family law is changing how separation disputes will be resolved. Coming into effect next month, these key changes will affect how our pets, property and financial matters are resolved for former couples. Former couples applying for family court applications need to consider the new changes coming into effect next month. Picture: NewsWire / John Appleyard So what's changing for our pets? Separating couples sharing pets should usually make arrangements for what happens to their prized pooches and furballs without going to court. However, those that cannot agree on arrangements can apply to the family law courts to make orders, with a specific list considered by the system. This takes into account: any animal abuse, including threatening behaviour as a form of family violence the attachment of each party, or children, to the family pets However, there are limits and courts cannot make orders for joint ownership or shared possession of pets. My relationship ended — what happens to our shared property and finances? Usually, couples splitting ways should strive to make arrangements related to their shared property and finances, sometimes using dispute resolution outside of courts. But couples struggling to reach an agreement can apply to family law courts to determine a property settlement. Changes affecting Family Law Act 1975 include: how the courts will determine a property settlement what the courts will consider when determining a property settlement. This includes the economic effect of any family violence, where relevant This would apply to all separating couples – whether a property settlement has been determined by family law courts or has been negotiated outside of court. Key areas that courts will consider: identify all property and liabilities (debts) of the parties assess each party's contributions to the property pool and to the family's welfare assess each party's current and future circumstances. The family law courts will consider matters such as each party's age and state of health and the care and housing needs of any children only make orders that are, in all of the circumstances, just and equitable Family violence The Family Law Act defines family violence as 'violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful'. Key amendments include: the economic effect of family violence, where relevant, when making decisions about property and finances after separation. economic or financial abuse may constitute family violence – including if a person has controlled all of the finances or spending. What's staying the same? Family law courts cannot sentence someone for engaging in family violence conduct. Prosecutions for family violence offences are made in state and territory criminal courts. Compensation for harm caused by family violence Compensation may be available under a victims of crime compensation scheme or under an order from a state or territory civil court. Family violence orders to protect someone from family violence or altering existing orders made by state or territory courts to protect someone from family violence. Again, orders for protection against family violence are made or amended by state or territory courts. Family violence will be a determining factor by courts in property and financial settlements. Picture: NewsWire / Naomi Jellicoe Duty of financial disclosure — what changes? Couples separating have a duty to provide all relevant financial information and documents to each other and the court. From next month, this duty will be governed by the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. This applies to all disputes concerning finances and property after a break-up and is treated as an ongoing duty. If failure to do so, consequences can affect separating couples such as: take noncompliance into account in a property settlement impose sanctions, such as costs orders punish a party for contempt of court with a fine or imprisonment, or defer or dismiss all or part of the proceedings. What stays the same? Existing financial or property orders remain unchanged and people with existing orders should continue to follow those orders. While the changes will apply to all new and existing proceedings, there is an exception where a final hearing has already begun. The new law applies to all matters (unless a final hearing has begun), even if an application was filed before June 10, 2025. People who are already in court and do not have a lawyer can seek legal advice on how the changes may impact them. Child support is generally dealt with separately to a family law property settlement. The changes to family law will come into effect from June 10, 2025. A fact sheet detailing the changes can be found here. Originally published as Australian law changes to affect pets, property and finances
West Australian
15-05-2025
- Business
- West Australian
Australian law changes to affect pets, property and finances
Pet and property owners watch out – Australia's family law is changing how separation disputes will be resolved. Coming into effect next month, these key changes will affect how our pets, property and financial matters are resolved for former couples. Separating couples sharing pets should usually make arrangements for what happens to their prized pooches and furballs without going to court. However, those that cannot agree on arrangements can apply to the family law courts to make orders, with a specific list considered by the system. This takes into account: However, there are limits and courts cannot make orders for joint ownership or shared possession of pets. Usually, couples splitting ways should strive to make arrangements related to their shared property and finances, sometimes using dispute resolution outside of courts. But couples struggling to reach an agreement can apply to family law courts to determine a property settlement. Changes affecting Family Law Act 1975 include: This would apply to all separating couples – whether a property settlement has been determined by family law courts or has been negotiated outside of court. Key areas that courts will consider: The Family Law Act defines family violence as 'violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful'. Key amendments include: What's staying the same? Couples separating have a duty to provide all relevant financial information and documents to each other and the court. From next month, this duty will be governed by the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. This applies to all disputes concerning finances and property after a break-up and is treated as an ongoing duty. If failure to do so, consequences can affect separating couples such as: What stays the same? The changes to family law will come into effect from June 10, 2025. A fact sheet detailing the changes can be found here .
Perth Now
15-05-2025
- Business
- Perth Now
Major law changes for pet owners
Pet and property owners watch out – Australia's family law is changing how separation disputes will be resolved. Coming into effect next month, these key changes will affect how our pets, property and financial matters are resolved for former couples. Former couples applying for family court applications need to consider the new changes coming into effect next month. NewsWire / John Appleyard Credit: News Corp Australia Separating couples sharing pets should usually make arrangements for what happens to their prized pooches and furballs without going to court. However, those that cannot agree on arrangements can apply to the family law courts to make orders, with a specific list considered by the system. This takes into account: any animal abuse, including threatening behaviour as a form of family violence the attachment of each party, or children, to the family pets However, there are limits and courts cannot make orders for joint ownership or shared possession of pets. Usually, couples splitting ways should strive to make arrangements related to their shared property and finances, sometimes using dispute resolution outside of courts. But couples struggling to reach an agreement can apply to family law courts to determine a property settlement. Changes affecting Family Law Act 1975 include: how the courts will determine a property settlement what the courts will consider when determining a property settlement. This includes the economic effect of any family violence, where relevant This would apply to all separating couples – whether a property settlement has been determined by family law courts or has been negotiated outside of court. Key areas that courts will consider: identify all property and liabilities (debts) of the parties assess each party's contributions to the property pool and to the family's welfare assess each party's current and future circumstances. The family law courts will consider matters such as each party's age and state of health and the care and housing needs of any children only make orders that are, in all of the circumstances, just and equitable The Family Law Act defines family violence as 'violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful'. Key amendments include: the economic effect of family violence, where relevant, when making decisions about property and finances after separation. economic or financial abuse may constitute family violence – including if a person has controlled all of the finances or spending. What's staying the same? Family law courts cannot sentence someone for engaging in family violence conduct. Compensation for harm caused by family violence Family violence orders to protect someone from family violence or altering existing orders made by state or territory courts to protect someone from family violence. Family violence will be a determining factor by courts in property and financial settlements. NewsWire / Naomi Jellicoe Credit: News Corp Australia Couples separating have a duty to provide all relevant financial information and documents to each other and the court. From next month, this duty will be governed by the Family Law Act 1975 instead of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. This applies to all disputes concerning finances and property after a break-up and is treated as an ongoing duty. If failure to do so, consequences can affect separating couples such as: take noncompliance into account in a property settlement impose sanctions, such as costs orders punish a party for contempt of court with a fine or imprisonment, or defer or dismiss all or part of the proceedings. What stays the same? Existing financial or property orders remain unchanged and people with existing orders should continue to follow those orders. While the changes will apply to all new and existing proceedings, there is an exception where a final hearing has already begun. The changes to family law will come into effect from June 10, 2025. A fact sheet detailing the changes can be found here.
Time Business News
08-05-2025
- Business
- Time Business News
The Role of Divorce Lawyers in Cases Involving Seniors or Late-Life Divorce
In recent years, 'grey divorce' — a term used to describe the increasing number of divorces among couples aged 50 and over — has become more common across Toronto and the rest of Ontario. Whether due to retirement transitions, empty nest syndrome, or simply growing apart after decades of marriage, many seniors are choosing to part ways later in life. According to national statistics, the divorce rate among seniors has been steadily rising, even as the overall divorce rate in Canada declines. For seniors in Toronto, late-life divorce presents unique legal and personal challenges that differ significantly from those faced by younger couples. Emotional hurdles such as dealing with loneliness, redefining identity after decades in a relationship, and managing relationships with adult children can be deeply complex. A Toronto divorce lawyer with experience in senior-focused cases can provide not just legal guidance, but emotional support through compassionate and tailored advice. Financial concerns are also a major factor in grey divorce cases. Seniors are often retired or close to retirement, which means income sources may be fixed, such as pensions, RRSPs, or government benefits. Dividing retirement savings, spousal support, and determining the future of jointly owned property—like a matrimonial home—requires careful legal strategy. An experienced divorce lawyer in Toronto can help seniors avoid long-term financial instability by crafting fair, forward-looking agreements. Finally, health-related challenges may also influence divorce proceedings. Issues such as chronic illness, caregiving responsibilities, and long-term care planning often intersect with divorce negotiations for older adults. These considerations make it essential for seniors to work with a Toronto-based divorce lawyer who understands how to balance legal rights with complex life realities. As the trend of grey divorce continues to grow, so does the need for legal professionals who are equipped to handle the distinct needs of older clients. Seniors going through divorce should seek legal counsel from a divorce lawyer in Toronto who brings both legal expertise and an understanding of the unique challenges of later-life transitions. A skilled divorce lawyer in Toronto plays a vital role in untangling these complex financial webs and ensuring a just outcome. For older couples, pensions and retirement funds are often the most valuable assets. These may include employer pensions, RRSPs, CPP credits, and other retirement investments. A Toronto divorce lawyer will assess the value of each spouse's pension entitlements, ensure proper valuation methods are used, and help divide them in accordance with Ontario's Family Law Act and Pension Benefits Act. In addition to pensions, couples may hold diverse investment portfolios—such as mutual funds, stocks, GICs, and even joint business ventures. Deciding how to split these without incurring undue tax penalties or compromising income streams requires careful legal and financial planning. A knowledgeable divorce lawyer collaborates with actuaries, financial advisors, and tax specialists to safeguard a senior's long-term financial health. From matrimonial homes to vacation properties and rental investments, older couples may have multiple real estate assets. Determining the value and ownership of each, especially if titles are joint or if properties were inherited or acquired before marriage, adds complexity to the process. In many cases, the matrimonial home is the most emotionally and financially significant asset. Seniors may wish to keep the home for stability or may be forced to sell it to support retirement needs. A Toronto divorce lawyer can guide clients through equalization payments, property transfers, and buyout options—ensuring that decisions are fair, practical, and in line with both parties' post-divorce needs. Unlike younger individuals who have time to rebuild wealth after divorce, seniors often face limited income opportunities. That's why asset division must be handled with a view toward sustaining financial independence for both parties. A Toronto divorce lawyer helps by: Negotiating equitable settlements that prioritise stability over short-term wins that prioritise stability over short-term wins Minimizing tax exposure during asset transfer during asset transfer Ensuring access to ongoing income through spousal support or pension sharing agreements By addressing these concerns with foresight and experience, Toronto divorce lawyers empower seniors to maintain dignity, security, and peace of mind as they enter the next chapter of their lives. A seasoned divorce lawyer in Toronto understands how to navigate this delicate issue with both precision and compassion. When seniors separate, traditional support models based on employment income may not apply. Instead, courts consider the total value of retirement income streams—including Canada Pension Plan (CPP) benefits, Old Age Security (OAS), private pensions, RRIFs, and investment income. A Toronto divorce lawyer helps determine: Whether spousal support is appropriate given each spouse's current and future financial resources given each spouse's current and future financial resources How support should be structured —lump-sum, periodic payments, or tied to pension entitlements —lump-sum, periodic payments, or tied to pension entitlements Whether one spouse sacrificed career opportunities during the marriage (e.g., to raise children or support the other's career), creating a case for compensatory support Given the limited earning capacity of seniors, long-term support arrangements must account for affordability, life expectancy, and the need for continued financial independence. Health issues often take centre stage in grey divorce. Chronic illnesses, disabilities, and mental health conditions can complicate the separation process, especially when one spouse has served as a primary caregiver. A Toronto divorce lawyer plays a vital role in: Advocating for fair compensation for past caregiving efforts for past caregiving efforts Ensuring health-related expenses (medications, mobility devices, in-home care) are included in settlement agreements (medications, mobility devices, in-home care) are included in settlement agreements Assisting with planning around long-term care facilities, particularly if financial support is needed for placement or medical costs These concerns are not just financial—they are deeply personal. Seniors may feel anxious about losing support at a vulnerable stage in life, and that's where the empathy and strategic thinking of a divorce lawyer becomes essential. Grey divorce isn't just a legal event—it's a major life transition. Seniors often need more than a lawyer; they need someone who can listen, understand, and guide them through emotionally and medically sensitive territory. A divorce lawyer in Toronto who specializes in late-life cases provides: Clear explanations of rights and responsibilities of rights and responsibilities Tailored solutions that factor in health, income, and family dynamics that factor in health, income, and family dynamics Peace of mind that every legal and personal detail has been considered With the right legal guidance, seniors in Toronto can move forward confidently, knowing their health, finances, and dignity are protected. Older adults may have unique preferences when it comes to how they receive information and make decisions. A divorce lawyer experienced in senior-focused cases will adapt their communication style to ensure clients feel heard, respected, and supported. This includes: Taking the time to explain legal concepts in plain language Offering in-person meetings or video consultations based on comfort and accessibility based on comfort and accessibility Being mindful of any cognitive, sensory, or physical limitations that may impact the legal process Respectful communication helps senior clients stay engaged and informed, empowering them to make decisions with clarity and confidence. Late-life divorce often requires a collaborative approach. A divorce lawyer may work closely with: Financial planners and accountants to manage pension division, estate planning, and tax implications to manage pension division, estate planning, and tax implications Healthcare providers to understand long-term care needs or capacity issues to understand long-term care needs or capacity issues Adult children (with consent) to provide additional emotional or logistical support during proceedings This holistic coordination ensures that every aspect of the senior's well-being—legal, financial, medical, and familial—is addressed with care. Divorce at any age is difficult, but the consequences for seniors can be particularly far-reaching. From downsizing homes to adjusting retirement plans, the stakes are high. That's why seniors in Toronto should seek out a divorce lawyer who has direct experience with grey divorce cases. An experienced Toronto divorce lawyer offers: Strategic legal guidance tailored to older adults tailored to older adults Compassionate support through complex family dynamics through complex family dynamics Knowledge of senior-specific issues, including pension splitting, elder care, and spousal support in retirement TIME BUSINESS NEWS
