What is Equalization?

What is Equalization?

Upon the breakdown of a marriage, each spouse is entitled to share equally in the value of property that was acquired during the marriage, as well as the increase in value of property brought into the marriage.  This is known as the "equalization of net family property" or simply "equalization."  In a previous post, we discussed how the "Matrimonial Home" is treated during equalization.  This post provides a more comprehensive overview of what equalization is, and how the process works. 

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Court Procedure: The Voice of the Child

Court Procedure: The Voice of the Child

The best interests of the child prevail as the primary consideration in any custody or access dispute. These includes the views of the child at the heart of the matter if they can be reasonably ascertained. There are a number of ways to put the voice of the child before the court so their views and preferences can inform the judge’s final decision.  

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Court Procedure: Urgent and Emergency Motions

Court Procedure: Urgent and Emergency Motions

In a typical family law case, you must follow the established court procedure before you can bring a motion asking a judge to determine an issue, including attending Case Conference.  At the case conference, the parties have a chance to discuss the issues in the case and the possibility of resolution before proceeding to trial. Under the Family Law Rules, you can not bring a motion for temporary relief until after you have attended the case conference, but there are some narrow exceptions in the case of urgency or hardship.  

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Do Grandparents Have Access Rights?

Do Grandparents Have Access Rights?

Ontario recently passed a Bill amending the Children’s Law Reform Act to recognize the special relationship between children and their grandparents. The Bill amends provisions of the CLRA that deal with custody or access matters, to expressly include grandparents.  These amendments state that grandparents may apply for custody/access, and that their relationship with the children should be considered. 

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Child Support: Adult Children

Child Support: Adult Children

The question of continuing to pay support for adult children most often arises in the context of children who decide to pursue a post-secondary education.  When a child decides to pursue a post-secondary education, child support obligations tend to continue.  But what happens when an adult child pursuing higher education has little or no relationship with the parent paying their support?

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Your Separation and Divorce Team: Investment Advisors

Your Separation and Divorce Team: Investment Advisors

A few weeks ago, we looked at how a money coach may be able to help you during divorce to figure out how to support two households instead of one and your day-to-day finance.  In this post, Joëlle Hall, an Investment Advisor, shares how Investment Advisors can help you with accumulating the capital you need to maintain your desired lifestyle throughout your lifetime.  Joëlle reviews some important considerations when negotiating your divorce settlement, with a view for long-term planning, and highlights some important considerations for planning for your future.

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Prenuptial Agreements: Talking to Your Spouse

Prenuptial Agreements: Talking to Your Spouse

Deciding you want a prenup can be difficult. The next step – talking to your partner about wanting one – can be even harder. How do you approach the person you love and plan to spend your life with and say, “Just in case this doesn’t work out…”?

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