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.

Read More

Marriage vs. Common Law Relationships: Moving In Together

Marriage vs. Common Law Relationships: Moving In Together

If you and your partner are cohabiting, or planning on doing so, there are some legal issues that you should consider, including whether you should get a cohabitation agreement to protect both you and your partner’s interests should one of you pass away or should the relationship end. In this post we will discuss the issues that may arise when cohabiting, and how a cohabitation agreement can assist in preventing complications before they arise.

Read More

Prenuptial Agreements: Frequently Asked Questions

Prenuptial Agreements: Frequently Asked Questions

Prenuptial agreements are becomingly increasingly common.  You may be getting money from your parents or from an inheritance that you want to protect, or you may have bought a house or built a business.  If you have questions about prenups, this post is a great place to start.

Read More

Mediation: Why You Still Need a Lawyer

Mediation: Why You Still Need a Lawyer

In mediation, parties hire a neutral person to facilitate a conversation between them, with the goal of reaching an agreement.  Your spouse might tell you a lawyer will only cause conflict and cost money.  Your mediator likely already provided you with the legal information you need to reach an agreement. So why do you need to hire a lawyer when you’re not fighting? 

Read More

Marriage vs. Common-Law Relationships: Lottery Winnings

Marriage vs. Common-Law Relationships: Lottery Winnings

This topic has likely been on the minds of many people in Ontario lately, due to an ongoing legal battle over a jackpot of roughly $6.1 million between a woman and her ex-boyfriend with whom she was cohabiting. In this post, we discuss how a cohabitation agreement could have ensured the woman received half the winnings or, likewise, protected the man from the claim she is making now.

Read More

Prenuptial Agreements: Myths & Facts

Prenuptial Agreements: Myths & Facts

A prenup agreement is an important part of any financial plan, but many people think they don't need one.  Read this post to learn about three reasons people claim they don't need a prenup, why those reasons are really myths, and what the facts are.

Read More

Court Procedure: Motions to Change

Court Procedure: Motions to Change

One or both of the parties' situations may change significantly after a court Order is made, and the terms may no longer reflect reality. When this happens, it will be necessary to bring a Motion to Change.  The procedure for Motions to Change is set out in Rule 15 of the Family Law Rules. In this post we will answer some frequently asked questions about this procedure.

Read More

Spousal Support: A Primer on Entitlement, Amount and Duration

Spousal Support: A Primer on Entitlement, Amount and Duration

The law generally views spousal relationships (whether married or common-law) as financial partnerships. When this relationship breaks down the spouse with a higher income or more assets may be obligated to support their former spouse, which is known as spousal support. This post will cover a general overview of spousal support including who may be eligible, how it is calculated, and for how long it must be paid.

Read More