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.
Many people believe that they can evade their family law responsibilities, such as child support or spousal support throughout their lives, and that all obligation ends with they themselves die. Evidently, such people have never heard of something called Dependants’ Relief Claims (DRC’s).
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.
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.
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.
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.
Many of our clients ask ‘how long will it take’ to resolve the legal issues arising from a separation. The answer is not straight forward. That’s because the legal issues are only one part of dealing with a separation. There are significant emotional issues that impact on the decisions that need to be made to address the legal issues.
The Family Law Group participated in the Terry Fox Run and our firm’s 50th anniversary celebrations.
What happens when parents can’t decide on their child’s name? These days there are lots of married parents who do not change their last name after marriage and there are a growing number of people in common law relationships with children. Similarly, when people enter into surrogacy agreements, the birth mother may not be the biological mother or an intended parent. In these cases it’s hard to know what the child’s last name should be.
Child support in shared parenting arrangements can become a complicated issue. It is a common misunderstanding that once separated parents share the parenting time on an approximately equal basis that no child support will be payable by either party. This is simply not the case. It is however, possible that your parenting schedule could change your monthly child support payment from the amount prescribed under the tables.