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.

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?

The Financial Repercussions of Grey Divorce

Blog Post
October 6, 2016
Read Time: 2 minutes

According to Statistics Canada, ‘grey divorce’ (divorce among older adults) has been rising steadily for several years. With an aging population, it is likely to continue to do so. Grey divorces are fraught with issues not prevalent when younger couples separate. In fact, divorces can be financially devastating for older adults, who have little to no time to rebuild assets or adjust their retirement planning.

Gifts and Net Family Property: What is Included?

Blog Post
December 18, 2015
Read Time: 3 minutes

For married couples, the timing of a gift, who gave the gift, how the gift was given, and what the gift was used for can influence who has rights to the gift upon separation. During the season of gift-giving, it can be helpful to know some of the basic family law rules that apply to gifts. There are important details to take into consideration for the gift-giver and also the receiver of the gift.

What’s so Special about the Matrimonial Home?

Video Post
December 9, 2015
Read Time: 1 minute

Pam MacEachern, Lawyer in the Family Law Group at Nelligan O’Brien Payne LLP discusses the legal provisions that relate to matrimonial homes and how they can impact your family law rights. For more information about Pam MacEachern, please click here For more information about our Family Law Group, please click here

Court gets it right on imputing gifts to husband as income

Blog Post
November 20, 2015
Read Time: 3 minutes

The Ontario Court of Appeal released a very interesting decision recently, Korman v. Korman, that deals with two important questions that will affect family lawyers’ advice on property and support issues. The first was whether the husband had a beneficial interest in a matrimonial home he had put into his wife’s sole name for the purposes of creditor proofing. The second was whether the court ought to impute to the husband money his parents had consistently gifted to him throughout the marriage and after separation as income for support purposes.

Do you Need a Family Law Check-up?

Blog Post
October 30, 2014
Read Time: 2 minutes

Good, timely, family law advice can save you a lot of money and pain. Dealing with family law issues on separation can be expensive and painful, but there are often many ways to avoid or minimize these issues if you get a little bit of good advice early on, and regularly check in to update that advice based on your evolving circumstances.

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.

Reminder: Don’t Forget to Designate your Pension Beneficiary!

Blog Post
May 22, 2014
Read Time: 3 minutes

Have you had more than one ‘spouse’ in your lifetime? If the answer to that question is ‘yes’, then it is important that you remember to designate your pension beneficiary. The importance of doing so was highlighted in a decision from the Court of Appeal for Ontario in 2012, which interpreted the definition of ‘spouse’ under Ontario’s recently amended Pension Benefits Act.