Practice Areas
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Professional And Experienced Family And Estates Lawyer
Experienced family litigator with close to 20 years of experience in most levels of court including the Ontario Court of Justice (Family and Criminal Divisions), the Superior Court of Justice, the Divisional Court, and the Court of Appeal.
Experienced advocate having worked with the Children’s Aid Society as counsel for the past 11 years. Matters of child protection and custody matters can often times be intertwined. It is my role to untangle the two systems and protect your interests and those of your children.
Divorce / Separation
Divorce is normally the last stage in resolving a matrimonial dispute. There are some circumstances where a divorce can be severed and it is important to obtain legal advice if you need a divorce promptly for example in the case of a remarriage.
The date of separation is also known as the valuation date which is the day in which assets and debts are valued for the purposes of property division / equalization scheme under the Family Law Act. There are many factors that need to be considered when determining the valuation date so again it is critical to obtain legal advice.
Wills and Estates
It is imperative that you have a will. If you die without a will your estate may be divided in accordance with the law of intestate succession. It is also important that you have powers of attorney for property and care as these will assist your loved ones in making decisions on your behalf if you become incapable even if it is a temporary incapacity. At A.Circelli Law we believe strongly in customizing your will to your particular situation and that each clause is actually understood by the testator.
A.Circelli Law is also prepared to litigate issues around estates whether it is a Family Law claim under the equalization scheme (similar to a separation), a dependents relief application on behalf of a dependent child or spouse, challenging the will or powers of attorney, or asking for the estate trustee to account to the beneficiaries. A.Circelli Law has experience compelling an estate trustee to pass their accounts including holding the trustee in contempt if they fail to do so.
Custody, access, and child protection
A.Circelli Law has advocated all aspects of custody, access, and child protection matters and has significant experience in these areas by virtue of being counsel for the Children’s Aid Society of Guelph
Please note that for the immediate future A.Circelli Law will not be able to take on litigation files relating to child protection cases commenced by Family and Children’s Services of Guelph and Wellington County due to a conflict arising out having been their advocate for the past 10 years. There are occasions where A.Circelli Law can provide independent legal advice to third parties such as prospective adoptive parents or extended family members. Retaining our law firm on child protection matters involving any other agency including neighboring Family and Children’s Services of Waterloo are permitted.
A.Circelli Law believes strongly that children cannot be caught in the cross hairs of a separation and will encourage clients to act in a civil fashion while trying to resolve parenting issues around their child(ren).
A.Circelli Law is dedicated at the same time to ensuring that parents are active care givers even in the context of a separation and do not become estranged from their child(ren) through the actions of another parent particularly if there is no justifiable reason. A.Circelli Law will adopt a determined approach in protecting your child(ren)’s rights to have a relationship with you and your relationship with them.
Equalization and property division
There are many issues that need to be resolved in a marriage breakdown including the division of property. There is a misconception that property simply gets divided equally between parents. The Family Law Act has created an equalization scheme which takes the net family property of each spouse on the valuation date minus the net family property of each spouse on the date of marriage and from there an equalization payment is determined.
The most unique asset in a matrimonial context is the matrimonial home. It is the one asset where a party can claim exclusive possession. At A.Circelli Law we have experience in applying for exclusive possession, purchasing the interest of the other party, or in some circumstances forcing the sale of the matrimonial home.
There are times when one parent has brought into the marriage assets that can be deducted from their net family property statement so again its important to consult with a lawyer.
There are also assets that may be excluded from the valuation date such as a gift, inheritance or a personal injury entitlement if certain criteria are met.
Child and spousal support
A.Circelli Law also focuses on all aspects of child and spousal support and employs the child support guidelines and spousal support advisory guidelines in giving advice.
A.Circelli Law will also be a strong advocate for appropriate situations where the guideline amount of support should not be paid such as in a shared custody arrangement.
