Spousal support is evolving from the traditional role of a man supporting a woman financially. It's time the courts in Ontario reflect this.
The PM's behaviour has provoked concern and anger from MPs and Canadians all over the country. What are the potential legal consequences of the PM's shoving and manhandling? Well, threatening, hitting, kicking, punching, harassing and shoving another person are all offences punishable under the Criminal Code of Canada.
The shift: divorce and other complicated family dynamics mean closer ties between the two worlds of family law and estate law. As family dynamics shift away from the previous norm of a single traditional marriage and nuclear family, and toward increasing numbers of second and subsequent marriages, blended families, and common law relationships, the need for estate planning becomes a more pressing and complex concern.
The moment the judge said in the court that my divorce is granted and asked if there was anything else I wanted to add to the list of wishes granted on my behalf, it was a no-brainer -- I wanted my name back. Little did I realize then the implications it would have for days, months, and years to come.
Recently, Great Britain has taken enormous strides in law reform and in rationalizing the legal system to address current trends in family law matters. They are now considering legislation that would lead to the presumption of shared parenting upon relationship breakdown. Perhaps it is time for Canada to follow again.
We are marrying less. Our divorce rate continues to climb (notwithstanding Statistics Canada's claims to the contrary). What's going on? In my 35th year of practice, I am witnessing what I believe to be a tidal wave of change in our views and attitudes towards marriage and divorce.
TORONTO – When the going gets tough, married couples too easily turn to divorce as a way out, a socially conservative Canadian think tank said Wednesday. Divorce proceedings in Canada are not compli...
What about folks who are not legally married? What if both of them contribute to the wealth, but everything is in only one person's name? Is there any recourse for the non-titled party? The short answer is "yes," and one of the most important cases in 2011, Kerr v. Baranow, clarifies exactly the correct approach in such matters.
"Getting half" is not the way it works. Instead, a one-time payment is made in order to equalize the difference between the spouses' increases in their net worth from marriage to separation. That is very different from halving everything.
Judges do not automatically attribute pre-tax corporate income to a shareholder/payor in every case. They will assess each case on its particular facts before providing guidance to counsel about what should happen.
While it is true that there is less fighting these days in law offices and in court about some topics, there is, I would submit, more fighting than ever on others.
A cohabitation agreement deals with a couple's rights and obligations in the event of a breakdown of the relationship. Cohabitation agreements are a terrific way of avoiding expensive and nasty disputes after a relationship fails since all of the parties' rights are spelled out in a contract.
Q: Can you explain the difference between a "legal" interest in property vs. a "beneficial" one? My lawyer has mentioned this a few times and says it's important to my case, but I'm too embarrassed to tell him I just don't get it.
All of my clients are easily divided into two groups: magnet holders and dust collectors. Magnet holders take their newly signed separation agreement and put it on their fridge with a huge magnet. They refer to it daily. Dust collectors put their newly signed agreements in a drawer and let them collect -- you guessed it -- dust.
Each week I will answer questions about a particular aspect of divorce law. I'll provide a basic understanding of the law and some helpful tips. I may even spice things up with an interview with a lawyer who completed a noteworthy case or even a client who's consented to having their information in the public domain.
Why do clients of divorce lawyers change lawyers so frequently? It's because they are caught in an emotional vortex, facing the unknown and dreading the journey. However, there are legitimate reasons to fire your divorce lawyer.
Parents who fight over child custody and access bring out the worst in themselves and often poison their children along the way. Divorce lawyers who are stuck in the middle of high conflict family dis...
It should come as no surprise to anyone that many Canadians cannot afford a lawyer. In fact, lawyers often joke that if they had to pay a lawyer, they too couldn't afford it. Nowhere is this dilemma more obvious than in family courts.
Our legal system does neither parent any favours. With lawyer's fees in the tens of thousands of dollars, many Canadians wander alone into family court like sheep to the slaughter. My solution? Take family law out of court.