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.
Brahm D. Siegel
Brahm is a senior partner at Nathens, Siegel, LLP, a family law and divorce boutique in Toronto. He received his Bachelor of Arts with First Class Honours from McGill University in 1990 and his Bachelor of Laws from Queen's University in 1993. He articled with McMillan Binch in Toronto in 1994 and was called to the Bar in 1995. <br> <br> Certified as a Specialist in Family Law by the Law Society, Brahm is co-author of the <em>Ontario Family Law Rules Annotated</em> and the consulting editor of the <em>Consolidated Ontario Family Law Statutes and Regulations</em>, both published by Thomson Carswell. He is also the author of the chapters on divorce, procedure and alternative dispute resolution for the family law Licensing Process at the Law Society where he instructed from 2000-2006. He is also a Dispute Resolution Officer in the Superior Court of Justice and has a busy mediation/arbitration practice assisting lawyers and clients resolving divorce disputes. <br> <br> Brahm has also spoken at numerous conferences and seminars, including the Law Society of Upper Canada, Advocates Society, and Ontario Association of Family Mediators. His work has been published in the <em>Canadian Family Law Quarterly</em>. <br> <br> Brahm is also the founder of the Nathens, Siegel Award, an annual scholarship for first-year law students at Queen's University. He is a member of various organizations including the Association of Family Conciliation Courts, the Ontario Association of Family Mediators, the Ontario ADR Institute and the International Network of Boutique Law Firms. <br> <br> Brahm was recently certified as an Accredited Family Mediator with the Ontario Association of Family Mediators (OAFM).
A common misconception is that mediators simply work hard in an effort to bridge the two parties' positions and do not take "sides". That is not, at least in my experience generally, the case. At the heart of this misunderstanding is a failure to appreciate the difference between "facilitative" and "evaluative" mediation.
02/13/2012 12:09 EST
Back in 1995 when I started practising family law, the standard parenting schedule was pretty straightforward: The children resided primarily with one parent (almost always the mother). Well, things have changed. In recent years, I have witnessed a trend towards equal-time schedules, the most popular of which is "2-2-3."
01/30/2012 03:48 EST
"My wife works, but only makes about one-half of my salary and she's already told me she'd go after everything she's entitled to, i.e. pension, property, alimony... After everything is divided down the middle, would I still be on the hook to pay her alimony for the length of our marriage?"
01/23/2012 02:21 EST
"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.
01/16/2012 01:58 EST
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.
01/09/2012 04:16 EST
Every year it seems that nothing causes as much conflict as Christmas access disputes. Even when the couple is an intact family there is trouble during the holiday season. "Do we go to your parents' or mine this year?" "My church or yours?" And things seem to magnify after separation.
12/19/2011 10:51 EST
I can think of no better way of calling awareness to the rights of women than promoting a new initiative called the Integrated Domestic Violence Court. To do so, I recently had the pleasure of interviewing the Honourable Mr. Justice Joseph W. Bovard, a sitting judge in the Ontario Court of Justice in Toronto.
12/12/2011 11:24 EST
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.
12/05/2011 12:35 EST
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.
11/28/2011 09:06 EST
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.
11/21/2011 12:19 EST
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.
11/14/2011 12:40 EST
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.
11/07/2011 12:04 EST
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