Property Division: Equalization and The Family Law Act

Property Division: Equalization and The Family Law Act

All married couples in Ontario already have a “prenup” - the law in place that sets out what happens to your property when they separate. As soon as you get married, you “opt in” to this process. Under the terms of this “prenup”, you may have to share the entire value of a home you brought into your relationship, share your business, and share inheritances and gifts. You can contract out of this “prenup” by getting your own.

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Spousal Support: Post Separation Income Increases

Spousal Support: Post Separation Income Increases

When a separation occurs, sometimes the spouse with the higher income will pay spousal support based upon their income. But what happens if the payor spouse then receives a generous promotion, or their income increases for any other reason? In this post, Daniel Duyvelshoff, a Fresh Legal intern from the University of Ottawa law school, looks at how a post-separation income increase can impact a spousal support obligation.

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Business Owners and Separation, Part 2

Business Owners and Separation, Part 2

In a separation, businesses play a twofold role. First, in equalization, businesses are defined as an asset, similar to a home or a pension, to be divided equally among the spouses. And second, in spousal support where business income can help dictate the amount of support a spouse may be obligated to pay. In an earlier blog post, we looked at the concept of double dipping as it relates to pensions. But do the restrictions around double dipping apply to other assets too? This post looks at the difference between pensions and businesses.

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Spousal Support: Retirement and Pension Income

Spousal Support: Retirement and Pension Income

A rising trend in family law is the phenomenon known as “grey divorces”: older couples separating after a long-term marriage. But how much support is a spouse obligated to provide when retirement is one or two chapters away and the ability to “turn over a new page” becomes significantly harder? In a previous post, we shared a primer on spousal support. In this post, Daniel Duyvelshoff, a Fresh Legal intern from the University of Ottawa law school, discusses the role of pensions in grey divorce support obligations.

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Social Media and Divorce: Possible Impacts on Your Separation

Social Media and Divorce: Possible Impacts on Your Separation

A growing way to find divorce evidence is social media. Being mindful of what you post before, during, and after a proceeding could improve your chances of an agreeable outcome.  In a previous post, we shared some quick tips about using social media during a divorce.  In this post,  Olivia Giacobbi, a Fresh Legal intern from the University of Ottawa law school, discusses some ways social media can impact your divorce.

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Social Media and Divorce: Quick Tips

Social Media and Divorce: Quick Tips

Divorcing spouses should be cautious of their social media activity. Though sharing moments of our lives has become part of our modern culture, is it important to remember that posts on Facebook, Instagram, Twitter, and any other social networking sites can have legal ramifications. In this post, Olivia Giacobbi, a Fresh Legal intern from the University of Ottawa law school, shares some tips for using social media when going through a separation.

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Proposed Changes to the Divorce Act, Part 2

Proposed Changes to the Divorce Act, Part 2

In this post, Ainsley Shannon, a Fresh Legal intern from the University of Ottawa law school, reviews the changes related to relocating with a child after separation. The law on relocation as it currently follows the Supreme Court decision in Gordon v Goertz. Bill C-78 codifies and adds to these factors, including a notice provision, a burden of proof, and sharing access costs. This means that should Bill C-78 pass, it will impose a legislative framework for relocation that does not currently exist.

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Proposed Changes to the Divorce Act, Part 1

Proposed Changes to the Divorce Act, Part 1

On May 22, 2018, Bill C-78 had its first reading. This bill proposes several changes to the Divorce Act and related legislation. In this post, Ainsley Shannon, a Fresh Legal intern from the University of Ottawa law school, reviews the changes related to the terminology for parenting after divorce and the best interests of the child. The bill also sets out a framework for parental relocation after a separation, which will be reviewed in Part 2 of this post.

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