Family law is what we do, and we do it well.
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The lawyers at Plat Simionati LLP are committed to advocacy and are trained extensively in negotiation, drafting domestic contracts, collaborative family law, mediation, arbitration and finally litigation when required. We are able to represent clients in all of these arears in order to obtain the best possible results for our clients.

Divorce / Separation

When two individuals who are married to each other decide to separate there is a breakdown of the relationship. The parties have to determine their date of separation which is called their valuation date and is typically the date where there is no reasonable prospect of reconciliation that they will resume cohabitation. It is possible for married spouses to be living separate and apart in the same residence.

A spouse can apply for a divorce if the parties have lived separate and apart for at least one year immediately before the determination of the divorce proceeding. This is the most common ground for applying for a divorce as there is no fault divorce in Canada. A party can also apply for a divorce if there has been adultery or cruelty without having to wait the one year period. These two grounds for divorce are used infrequently.

When two parties who have been cohabiting together in a common law relationship then separate, the date of separation is again determined as the date where there is no reasonable prospect of reconciliation.

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