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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Finances: Tips for Completing Your Financial Statement

Finances: Tips for Completing Your Financial Statement

The Financial Statement can be overwhelming when you first look at it, but is not as hard to fill out as it seems on first glance.  Before you start, find your latest paystub, your income tax returns and Notices of Assessment, and your bank statements and other financial documents from around the time of your separation.  Take a deep breath and tackle one part at a time. As you fill it out, here are some tips and answers to common questions.

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Finances: Disclosure From New Partners

Finances: Disclosure From New Partners

Your spouse may move in with someone new, and their partner may contribute to the overall costs/expenses of the household.  This might impact the amount of spousal support payable based on that contribution. In order to assess what impact re-partnering has on spousal support, some financial disclosure from the new partner may be necessary. In this post we will discuss the limits on how much disclosure you can request from your ex’s new partner with reference to a recent court decision dealing specifically with this issue.

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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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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? 

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Divorce and Real Estate

Divorce and Real Estate

One of the most significant decisions after a separation is where each person will live, and whether that new home will be purchased or rented.  If the couple owns the home they live in, there are also questions about whether it will be sold or if one spouse will keep it, and how the price and sharing of the proceeds is determined. There are a number of things to keep in mind when deciding whether to buy, sell, or rent during a separation.

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Court Procedure: Grounds for Divorce

Court Procedure: Grounds for Divorce

In Canada, a divorce can be obtained by proving to the court that there has been a breakdown of the marriage.  According to the Divorce Act, the breakdown of a marriage can happen in one of three ways: living separate and apart for one year; adultery; or cruelty. If any one of them occurs, you are entitled to apply for a divorce. In this post we will discuss the various grounds for divorce in Canada, and how each one is applied by the courts.

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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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