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Spouses are ‘separated’ when one person in the relationship has withdrawn from the relationship without any reasonable prospect of reconciliation or resumption of cohabitation.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.

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.

How Do I Know When I’ve Separated From My Spouse?

Blog Post
October 19, 2016
Read Time: 2 minutes

You may think it should be obvious and people should know when they have separated. However, relationships are complicated, and the timing of when they are formally over can actually be very difficult to pin down. In family law, especially for married spouses who will be equalizing their property, it’s important to have a fixed date, which becomes the date of separation. It has to be one specific day, not the month or year.

Impacts of the Aging Brain – TV Series

Blog Post
October 14, 2016
Read Time: < 1 minute

Our very own Carol Craig will be featured as a guest on the Rogers TV series ‘Impacts of the Aging Brain’! The series covers a range of topics related to aging and the brain, including Stroke and the Brain, Assessment & Driving, Transforming Treatment, Care & Housing Options and Care-partnering.

How Do Common-law Couples Divide Their Property?

Blog Post
April 14, 2016
Read Time: 3 minutes

There are no legislated provisions for property division for common-law spouses. That means, when common-law couples separate, their property is divided based on ownership; that is, each party keeps what they own at the time of separation. However, common-law spouses may be able to make claims to property in certain circumstances.

When Do We Become Common-law Spouses?

Blog Post
March 10, 2016
Read Time: 2 minutes

Some of the most common questions I get asked when people find out I am a family lawyer is ‘what am I getting into by moving in with my girlfriend/boyfriend?’ or ‘when/how do we become common-law?’. They’re pretty important questions. I think one of the reasons why there is so much confusion is because this issue is legislated by the provinces, so it depends on where you live. That means my answer to these questions only applies to Ontario.

Ashley Madison and Affairs: What are the Legal Consequences of Infidelity?

Blog Post
September 1, 2015
Read Time: 4 minutes

The recent hacking of Ashley Madison, a website designed to help married people have affairs, has undoubtedly led to many relationship disruptions as spouses learn that their partners accessed the site. In trying to move forward, you might ask yourself: are there any legal consequences of my spouse’s affair?

The Importance of Financial Statements

Blog Post
November 27, 2014
Read Time: 2 minutes

For common law or married spouses who are separating, a sworn Financial Statement is the most important piece of the puzzle for determining rights and obligations on a going-forward basis. Anyone who begins a court proceeding must complete a sworn financial statement, and anyone who is attempting to settle property or support issues outside of court should complete a financial statement, and should not agree to anything until their spouse has also provided a sworn financial statement. It can be a difficult and time-consuming process, but it must be done, and done properly. Here are some tips for making this process as simple as possible.

Top 5 Considerations When Drafting a Domestic Contract

Blog Post
August 28, 2014
Read Time: 2 minutes

It’s summer, which means it’s wedding season. Every weekend I see countless couples posing for pictures around Ottawa’s hot spots as they celebrate their ‘I do’s’. Whether you’re moving in with a new partner or tying the knot, many people think it’s unromantic to discuss what will happen in the event of a relationship breakdown. But if you don’t decide how your assets will be divided or how spousal support will be determined, the governing legislation will decide for you.