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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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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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.

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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.

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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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Prenuptial Agreements: Talking to Your Spouse

Prenuptial Agreements: Talking to Your Spouse

Deciding you want a prenup can be difficult. The next step – talking to your partner about wanting one – can be even harder. How do you approach the person you love and plan to spend your life with and say, “Just in case this doesn’t work out…”?

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Sharing the Matrimonial Home on Separation

Sharing the Matrimonial Home on Separation

This is the second in a three part series on matrimonial homes.  This series will provide information on (1) what a matrimonial home is and some special rules, (2) how a matrimonial home is treated in the equalization process, and (3) exclusive possession of a matrimonial home.  This post discusses how a matrimonial home may be treated differently in the equalization process.

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Prenuptial Agreements- Do's and Don'ts

Prenuptial Agreements- Do's and Don'ts

A marriage contract or cohabitation agreement (referred to here as a “prenup”) can include many things, but there are limits as well. What can and can't you include in such an agreement?

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