Money from Parents: A Gift or a Loan?

Money from Parents: A Gift or a Loan?

When a young couple decides to purchase what will become their matrimonial home, it is very common for the parents of one or both spouses to assist in paying the down payment. Upon separation, the question of whether the money transferred was a gift or a loan is often a source of conflict. The difference between gifts and loans can be very important in equalization, as parents may not want their child's former spouse to get to "keep" the money they gave to their child.

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Collaborative Family Law vs. Litigation

Collaborative Family Law vs. Litigation

Going through a divorce or separation does not have to mean a messy, expensive court battle.  In collaborative family law, couples work together to reach an agreement in a non-confrontational and cooperative process, based on "interest based negotiations".  Our infographic explores the many other differences between litigation and collaborative law.

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Business Owners and Separation

Business Owners and Separation

As a business owner, there are several important things to consider as you go through your separation.  In this post, University of Ottawa law student, Xinya Wang, reviews some of the considerations, including sharing the value of your business, paying support, and imputing income.

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Imputing Income: Self-Employed Payors

Imputing Income: Self-Employed Payors

As mentioned in our previous post on imputing income, the family courts may assume you or your spouse's income is higher than it may actually be. While this power is found under the Federal Child Support Guidelines, similar principles apply when calculating spousal support.  Our last post covered one of the more common situations in which this could occur: intentional unemployment or under-employment.In this post we will cover situations in which income has been imputed to spouses who are self-employed.

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Civil Damages and Divorce: Suing for Mental and Emotional Distress

Civil Damages and Divorce: Suing for Mental and Emotional Distress

Going through a separation is an extremely stressful time, and this can bring out the worst in people.  A spouse may do or say things that cause emotional distress and mental suffering to the other, from the reason for the break-up to their behaviour afterwards.  But courts generally do not order damages for "mental and emotional distress" in separations.  In this post, our intern and a University of Ottawa law student, Xinya Wang, review the law in this area.

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Family Responsibility Office: Questions and Answers

Family Responsibility Office: Questions and Answers

The Family Responsibility Office collects, distributes, and enforces court-ordered child and spousal support payments. Click here to learn more about child support, and here to learn about spousal support. FRO is a division of the Ministry of Community and Social Services. In this post, Jeffrey Sun, Fresh Legal intern, answers some commonly asked questions about FRO.

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Capacity and Divorce: The Role of Litigation Guardians

Capacity and Divorce: The Role of Litigation Guardians

A litigation guardian has authority to instruct counsel throughout litigation. They are presumed to make decisions in the best interests of the person under disability.  Can a litigation guardian obtain a divorce for an incapable person?  If so, what are the requirements?

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Civil Damages and Divorce: The Tort of "Intrusion Upon Seclusion"

Civil Damages and Divorce: The Tort of "Intrusion Upon Seclusion"

It’s important to respect your partner’s privacy, both during and after separation or divorce proceedings. While it may seem tempting to go through your partner’s personal emails, social media accounts, or financial records, according to a 2012 case from the Ontario Court of Appeal, your partner can now make a civil claim for invasion of privacy.

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