Enforceability of marriage contract considered
For many years now, the issue of enforceability of a Maher marriage contract as well as its interrelationship with provincial family law property regimes has been considered by our courts. This issue was put before the Ontario Court of Appeal very recently in Bakhshi v. Hosseinzadeh, 2017 ONCA 838 and the court’s analysis of this particular Maher is worthy of review by those practising family law in Ontario.
Argument over who primary caregiver is rekindled
An age-old argument around who a child’s primary caregiver is was recently rekindled in the Court of Appeal. The case, Porter v. Bryan, 2017 ONCA 677, dealt with mobility rights and the parents of a five-year-old boy.
Decision affects net family property
A short but important decision came out of the Court of Appeal recently. In Ernikos v. Ernikos, 2017 CarswellOnt 6285, the court considered whether Minutes of Settlement relating to, among other things, equalization of net family property continued to be valid and binding on the parties after they reconciled and then separated again.
Spousal Support ruling worthy of study
A recent case involving a motion to change spousal support is important to Ontario practitioners because it contains a good analysis of the use of Spousal Support Advisory Guidelines in support reviews and deals with the crossover between equalized pension income and unequalized pension income.
Ottawa lawyers’ declaration of parentage illustrates shift in family law
Lynda Collins and Natasha Bakht are colleagues at the University of Ottawa’s Faculty of Law, they are friends, neighbours, and now they’re “co-mamas” to a boy named Elaan.
Case highlights retirement and spousal support
High-income earners, long-term marriages resulting in compensatory support claims and retirement were the focus of the Court of Appeal decision in Schulstad v. Schulstad, 2017 ONCA 95. The decision was released earlier this month.