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Family Law Property Settlement Time Limits

Family Law Property Settlement Time Limits

The lawyer-client relationship and limitation periods in family law. In 2014, a Newfoundland woman, Cheryl Hefferman, commenced a court action against her former family lawyers in relation to a claim for the division of pensions that had never been brought between herself and her ex-husband, despite her understanding that the pension issue had been resolved. […]

Family Law Forms

Family Law Forms

When parties decide to litigate, they may bring their action by way of Form 8: Application (General). Within the Application, parties will provide a family history, outline their claims against the opposing party, and state the important facts supporting their claims. The party bringing the Application is the Applicant. The Application is the Applicant’s first […]

How To Prepare For Your First Meeting With A Family Lawyer

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 […]

Unjust Enrichment

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 […]

Psychological Harm – Enough to Obtain a Restraining Order

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 […]