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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

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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Child Support

A. Do I have to pay child support? Ontario’s Family Law Act and the Federal Divorce Act both state that every parent has an obligation to support his or her child, to the extent that he or she is capable. The parent who has primary care and residence of the child typically incurs most expenses associated […]

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Psychological Harm – Enough to Obtain a Restraining Order

Put simply, a restraining order limits what a person can do. Restraining orders commonly prevent a respondent from coming within a certain distance of the applicant, and from communicating either directly or indirectly with the applicant. They often specify precisely where the respondent shall not be at a particular time – at the applicant’s place […]

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Divorce Courts in Canada Typically See Family Pets as Property rather than a Subject Involving Custodial Orders

  Marriage involves a lot of tangible and intangible things and when it fails it’s usually a tedious process to take possession of the “things.” While taking possession of houses, jewelry, and other property is one side of the coin, there is another side, which is dealing with family pets. A court usually perceives a […]

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