FAMILY LAW BLOG

Keeping Children Out of Conflict

It is important for separating spouses to keep their children out of any conflict or issues that arise during the separation or divorce process. While separation can be an emotionally trying time for the parties, the children are not therapists. They should not be privy to adult issues or have any information pertaining…

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The Matrimonial Home

Pursuant to the Ontario Family Law Act, both married spouses have an equal right to possession of the matrimonial home. That is, both spouses of equal right to reside in, use and enjoy the matrimonial home post-separation regardless of whether title to the home is joint or in one spouse’s name solely…

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Why Marriage Contracts?

A marriage contract (sometimes referred to as a prenuptial agreement) is a legally binding contract that parties who are married or who intend to marry may enter into to deal with their respective rights and obligations under the marriage or on separation. A marriage contract may address several issues…

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Property Division

Under the Ontario Family Law Act, married people are entitled to an “equalization” of assets. Essentially, this means that at the end of a marriage, all of the assets and debts that each spouse accumulated during marriage must be calculated to determine his or her “net family property”, which is similar to “net worth”…

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Initial Legal Consultations

Meeting with a family lawyer for the first time can be daunting, especially if it is your first time having to speak about and deal with legal issues. The consultation meeting with a family lawyer is your opportunity to ask questions and learn about your rights and obligations. In order to make this initial meeting…

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Child Custody & Access Defined

Custody refers to who has decision making power regarding the child’s health, education, religion and general welfare. Access not only involves access to the child but access to information regarding the child’s life (appointments, school information, medical information). If one party is…

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Can Dave Foley return to Canada?

According to a recent article in Yahoo! News, Canadian actor/comedian Dave Foley claims he cannot return to Canada due to an Ontario Family Court Order which orders him to pay child and spousal support well above his current income (400 percent of his income according to Mr. Foley). Even where a support…

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What is a Separation Date?

How does the court determine the date of separation between spouses? Under the Divorce Act, spouses are deemed to have lived separate and apart during any period that they lived apart and either of them had the intention to separate. This requires a physical separation coupled with a recognition by one of…

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Parental Alienation in Family Law

In high conflict separations where the parents cannot effectively cooperate and communicate to resolve their custody and access issues, joint custody is not a realistic option. The family law courts are often left with the decision to order sole custody to one of the parents and will consider all relevant factors in…

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Does a Bad Economy Impact Divorces?

There is no concrete evidence that a bad economy or recession can impact divorces in Canada, but thanks to a recent decision of the Ontario Court of Appeal, it is possible to consider the impact of declining market forces when determining how assets are to be divided upon separation or divorce…

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