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 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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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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Proposed Changes to the Divorce Act, Part 2

Proposed Changes to the Divorce Act, Part 2

In this post, Ainsley Shannon, a Fresh Legal intern from the University of Ottawa law school, reviews the changes related to relocating with a child after separation. The law on relocation as it currently follows the Supreme Court decision in Gordon v Goertz. Bill C-78 codifies and adds to these factors, including a notice provision, a burden of proof, and sharing access costs. This means that should Bill C-78 pass, it will impose a legislative framework for relocation that does not currently exist.

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Proposed Changes to the Divorce Act, Part 1

Proposed Changes to the Divorce Act, Part 1

On May 22, 2018, Bill C-78 had its first reading. This bill proposes several changes to the Divorce Act and related legislation. In this post, Ainsley Shannon, a Fresh Legal intern from the University of Ottawa law school, reviews the changes related to the terminology for parenting after divorce and the best interests of the child. The bill also sets out a framework for parental relocation after a separation, which will be reviewed in Part 2 of this post.

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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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The Mandatory Information Program

The Mandatory Information Program

The MIP provides information related to the family court system, local community resources, and various options outside of the court system that are available to couples that are separating. The MIP will also go over the legal issues related to custody and access, child/spousal support, property division, net family property, and the matrimonial home. Parties are obligated to attend this session unless their case is exempt. You must attend the MIP before your first court appearance, with some exceptions for urgent and emergency motions.

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