Little Known Facts about the Matrimonial Home

Blog Post
March 14, 2014
Read Time: 2 minutes

The ‘matrimonial home’ is a very special creature, and legal issues in relation to it can have a very large impact on a spouse’s financial situation in the context of a separation. A house is only considered a ‘matrimonial home’ if the spouses living in it are married, and not in a common law relationship. If you are thinking about getting married and already own a home, you should consider getting some advice from a lawyer to find out if you should take steps to protect the value of your home in the event of a separation or divorce.

When Family and Business Matters Collide

Blog Post
January 30, 2014
Read Time: 2 minutes

Are you getting married or living common-law? Maybe you’re on the other side of the relationship spectrum, and getting separated or divorced? If either you or your partner owns a business or part of one, there are some legal issues that you should know about.

Motions to Vary: Challenging a Custody and Access Order in Court

Blog Post
January 28, 2014
Read Time: 2 minutes

How soon is too soon to re-litigate your custody order? Our circumstances change, especially when kids are involved, as their needs, interests and maturity are always changing. However, final custody orders are not meant to change. What happens if you think your order no longer reflects reality? The only way a custody and access order can be varied by a court of law is if the party bringing the challenge is able to establish something called ‘a material change in circumstances’.

Kindergarten

Blog Post
January 16, 2014
Read Time: 2 minutes

Registration for Kindergarten begins at the end of January. For some of us, especially those who co-parent a child, this can lead to lots of questions, which you may not have previously discussed or agreed on. Resolving these issues with your co-parent is almost always a challenging endeavour and compromises will likely have to be made on both sides. It’s better to make those compromises earlier rather than later, once the costs and emotions have escalated.

Top 5 Family Law Resolutions for the New Year

Blog Post
January 10, 2014
Read Time: 3 minutes

It’s January, and a great time to make your resolutions for the coming year. Why not consider making some important family law resolutions while you’re at it? We’ve provided our top 5 list to get you started!

What Happens to Wedding Rings when you Divorce?

Blog Post
November 22, 2013
Read Time: 2 minutes

Most advice columns suggest that there is no need to return your wedding/engagement ring to your former spouse. While the advice in these columns is based on etiquette rather than law, in this case the law also suggests that there is no obligation to return your ring. A wedding ring is generally given as a gift, which means the person to whom it was given becomes its owner in law.

Divorce: Then and Now

Blog Post
November 7, 2013
Read Time: 2 minutes

Divorce law in Canada has changed significantly over the last few decades, starting with the introduction of the first Divorce Act in 1968, as well as its successor legislation in 1986. Some of the key changes have been in relation to the grounds of divorce for husbands and wives, an increase in no-fault grounds, a simplified process and shortened timelines for divorce.

What Happens to my Pension when I Divorce or Separate?

Blog Post
November 1, 2013
Read Time: 3 minutes

Next to your home, if you have a pension, there’s a good chance it’s your largest asset. Given the potential size of this asset and the rate at which a pension can grow, when you separate from your spouse, it is extremely important that you take the time to properly address pensions in any final settlement.

When to Negotiate: Routes to Resolution in Separation and Divorce

Blog Post
October 24, 2013
Read Time: 2 minutes

Many people who have not had much or any involvement in family law think that everything is done through the courts. This is simply not true; separations and all the issues that stem from them can be resolved without the involvement of courts (except for the final step of obtaining a divorce if the parties are married). Although negotiated resolutions are preferable, they may not be possible and it is important to recognize this if you want your matter to be resolved in the most efficient way.

New Article on Separation: There are Alternatives to Going to Court

Blog Post
October 17, 2013
Read Time: < 1 minute

You’ve separated from your spouse, now what? There are so many things that need to be resolved, and going to court is just not on your radar. In the article linked to this post we have outlined some of the options available to help separating couples like you and your spouse resolve their issues outside of court. These options include negotiation, mediation, collaborative family law and private arbitration.