Separation vs. Divorce Laws
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Separation vs. Divorce

Upon the dissolution of marriage, spouses may elect to enter into a separation agreement wherein important decisions such as property division, child custody and access, and support obligations are settled. Aptly named, a separation agreement is a contract, which may be prepared upon the separation of the parties. Separation automatically occurs once the parties begin […]

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types of divorce in ontario
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3 Ways To Getting Divorced

Divorce is the legal mechanism that ends a marriage, following which you may legally marry a future (or current) partner. While many family law issues can be dealt with outside of court, a divorce can only be obtained with a judge’s signature. Ultimately, there are three routes to getting divorced. 1. Joint Divorce Application The […]

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Severing a Divorce from the Corollary Issues
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Severing a Divorce from the Corollary Issues

  While the term “divorce” in everyday life broadly refers to separating couples and all the associated stress, the “divorce” itself is usually one of the simplest legal issues in family lawyer circles. Generally, disputes over custody, access, support, and property division are rightly at the forefront of family law disputes. In the end, all […]

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Divorce and Inheritance
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Divorce Law Pertaining To Inheritance

When married spouses separate, they are subject to the property division regime found in the Family Law Act, unless otherwise agreed to in an enforceable domestic contract. The Family Law Act provides for the “equalization of net family property” upon the breakdown of marriage, or when one spouse dies. Both spouses are generally entitled to […]

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Meeting With a Family Lawyer
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How To Prepare For Your First Meeting With A Family Lawyer

Fee Structure Lawyers generally bill by the hour, while in some circumstances flat fees may be offered. In either case, you should be made acutely aware of how your lawyer will be billing you, and how to maximize your time. For example, clerical and administrative questions can normally be dealt with by an assistant, who […]

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Retirement And Its Effect On Spousal Support
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Retirement And Its Effect On Spousal Support

Spousal support payors in Ontario may assume that their obligation to pay support will terminate upon retirement, considering each party will have already equalized their assets, including the payor’s pension. Moreover, pension income is often considerably less than employment income, thereby reducing the payor’s ability to make payments. While there is some truth to the […]

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Divorce and Adultery
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Divorce and Adultery

In Canada, divorce is governed by the federal Divorce Act. The only ground for divorce is the “breakdown of marriage”, which can be proven in three ways: The spouses have lived separate and apart for one year; The spouse against whom the divorce proceeding is brought has committed adultery; or The spouse against whom the […]

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Retroactive Child Support
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Retroactive Child Support

New Child Support Guidelines came into effect on November 22, 2017. Child support obligations are calculated in accordance with the tables included in the Child Support Guidelines, which can be found here. Some situations allow the Courts to deviate from the prescribed amounts. Can I get retroactive child support payments because the payor has not paid […]

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Matrimonial Home Rights and Divorce in Ontario
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Matrimonial Home Rights and Divorce in Ontario

Section 18 of the Family Law Act defines the matrimonial home as follows: “Every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence”. Exclusive Possession of the […]

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Unjust Enrichment
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Unjust Enrichment

Partners are in a common law relationship when: 1. They have lived together for three years; or 2. They have a child, and are in a relationship of “some permanence”. Contrary to popular belief, common law partners do not have property rights when the relationship breaks down. Each partner is only entitled to keep the property […]

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