Common Law Pension Entitlement

Blog Post
July 31, 2019
Read Time: 2 minutes

Read as Family Lawyer Ira Marcovitch breaks down the question of pension entitlement in a common-law relationship: I was in a common-law relationship for 13 years. We have 2 children together. He is taking out his $100,000 union pension and returning back to Ireland for good. Am I entitled to half of his pension? Entitlement… Read more »

What is the difference between being separated and being divorced?

Blog Post
May 7, 2019
Read Time: 1 minute

Spouses are ‘separated’ when one person in the relationship has withdrawn from the relationship without any reasonable prospect of reconciliation or resumption of cohabitation. This means that you can be married and separated at the same time. In fact, in almost all cases, you have to have been separated from your spouse for at least one year before you can divorce. A divorce legally ends the marriage and allows former spouses to remarry.

Can an embryo be treated as “property”?

Blog Post
August 3, 2018
Read Time: 3 minutes

It is estimated that around 16 per cent of couples in Canada experience infertility, and more and more people are turning to assisted reproduction to form their families. This can bring with it a whole raft of new legal issues. A recent precedent-setting case by the Ontario Superior Court of Justice, S.H. v. D.H., looked… Read more »

Separating love from business: Legal tips on how to manage your assets alongside family life

Blog Post
May 7, 2018
Read Time: 4 minutes

The balance between life and work has long been a struggle for professionals. And things tend to become all the more complicated when assets – whether in the form of company shares, investments, real estate or otherwise – are brought into the equation. While most people don’t enter into a romantic partnership planning for it to end, breakups nevertheless do happen. And when not managed properly, they can be financially devastating.

So, you got engaged over the holidays. Here’s what to think of next.

Blog Post
January 8, 2018
Read Time: 3 minutes

If you are one of the many people who got engaged over the holidays, a new year brings with it new beginnings – but are you prepared for the financial responsibility to your partner? Family Law lawyer Marta Siemiarczuk explains some of the things you should think about when preparing a marriage contract.

Mediation, Arbitration and Litigation: What’s the Difference?

Blog Post
December 11, 2017
Read Time: 3 minutes

It is a common misconception that all legal disputes are resolved in the court-room. In fact, only a fraction end up going to litigation; most are resolved through alternative dispute resolution, such as mediation or arbitration. It all depends on the complexity of the issue and the parties involved. So what is the difference between mediation, arbitration and litigation?

Marta Siemiarczuk’s Article Series in the Law Times

Blog Post
December 6, 2017
Read Time: 1 minute

Outside of her family law practice, Marta Siemiarczuk has also been busy this year writing a series of articles for legal newspaper Law Times. Looking at cases from the Ontario Court of Appeal, Marta explored everything from retirement to marriage contracts.

Can the Sale of the Family Home Impact the Best Interests of the Children?

Blog Post
October 11, 2017
Read Time: 3 minutes

A house becomes more than just four walls and a roof when you put a family in it. It becomes a home; a place where family members – especially children – can feel safe and supported. However, the family home often becomes an issue after a separation. Who gets to live there? Should it be sold so that everyone can move on?