Equalization: Determining the Valuation Date

Equalization: Determining the Valuation Date

When a marriage ends, the spouses’ property is divided in a process known as equalization. The property to be divided is known as the “net family property”. The value of the property is determined as of the date known as the “valuation date”. In this post, Jordan Levy, Fresh Legal intern and University of Ottawa law student, summarizes a case where the valuation date was determined at court.

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We Need to Talk About Our "Relationship"... The Solicitor-Client Relationship

We Need to Talk About Our "Relationship"... The Solicitor-Client Relationship

Are you going to tell my wife that I’m here? Do I need to tell my husband that I’m meeting with you? The above questions are surprisingly common when I meet with a client for the first time. My answer is always, “No, not unless you want me to!?”. With Valentine’s Day right around the corner, this post will take you to the heart of the relationship between a client and their lawyer.

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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.

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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.

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Stay At Home Parents: What are my rights when we separate?

Stay At Home Parents: What are my rights when we separate?

When one spouse is able to build up savings, work experience, assets, and other benefits from working, the law recognizes that the other spouse may have contributed to these things.  If you were married, the division of your property is based in part on this assumption.  The law does differ if you were married or living together, but in either case you will be requesting similar things - a share of property, and support for you and your children.

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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.

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Child Support: Adult Children with Disabilities

Child Support: Adult Children with Disabilities

When a couple separates, marriage status can impact whether the children receive financial support. Never-married parents fall under provincial legislation, while married parents are under the federal Divorce Act. Sometimes, the type of legislation can produce different results.   In this post, our summer intern, Xinya Wang, from the University of Ottawa, discusses what a recent case that considered the constitutionality of the difference when it comes to child support.

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Marriage vs. Common-Law Relationships: Property and Support

Marriage vs. Common-Law Relationships: Property and Support

It is becoming increasingly common for people to choose to live together without getting married.  If you are considering this option, it is important to know the legal differences between the two relationships.  In this post, Jeffrey Sun, a Fresh Legal intern, outlines two factors you should consider: Property Division and Spousal Support.

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