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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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 Pensions, Part 2

Spousal Support: Retirement and Pensions, Part 2

In this post, Daniel Duyvelshoff, a Fresh Legal intern from the University of Ottawa law school, looks at Melis v Zwanenburg to see what a court considers before allowing double dipping. After 18 years of marriage, Caroline Melis and Cornelis Zwanenburg separated in 2006. In their divorce order, Cornelis received a substantial equalization payment from Caroline’s federal pension, and also received spousal support from Caroline. The court had to consider whether the unequalized portion of Caroline’s pension should be incorporated in calculating the amount of support of which Cornelis may be entitled.

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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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Court Procedure: Service by Facebook

Court Procedure: Service by Facebook

Social media is beginning to change the traditional practices of the legal system. Some uses of social media in legal system may be obvious: for example, using Facebook to collect evidence, or how oversharing on social media can have legal consequences. In recent Ontario court cases, however, social media has been used for a less obvious purpose: serving documents.  In this post,  Olivia Giacobbi, a Fresh Legal intern from the University of Ottawa law school, discusses service by social media.

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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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Custody and Access: Stepparent Applications

Custody and Access: Stepparent Applications

We have previously written about grandparent access and the impact of recent amendments to the Children's Law Reform Act (CLRA). Recently, an Ontario case explored the issue of step-parent access. Unlike grandparents, step-parents are not specifically named in the CLRA.  However, they do have status in custody and access applications. In this post, Olivia Giacobbi, a Fresh Legal intern from the University of Ottawa law school, reviews the case of Agmon v. James and stepparent access generally.

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