“Legal Separation”
Many people hire a lawyer seeking a “legal separation” after a relationship breakdown. However, in Ontario, there is no such thing as a “legal separation”.
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Household Contents
Upon separation many people wonder what happens to household contents? What about family photos, pets, and personal clothing? What about items I brought into the marriage? In Ontario, equalization of net family properties are dealt with in Part I of the Family Law Act. However, this legislation requires that “the spouse whose net family property is the …
Sole Child Custody
Courts have been increasingly willing to order joint custody of children (rather than sole custody) to create a power balance between the parties where both parties are competent and caring parents. As such, the case law is replete with examples where parents are told they need to work together in the best interests of the …
Spousal Support After Early Retirement
In Savage v. Savage, the Ontario Court of Appeal found that where a teacher retired at age 57 with a full pension, he did not retire to avoid paying spousal support. When he retired there was a portion of his pension that was equalized previously, and therefore not calculated for spousal support purposes as income, but also …
Should Children Pay For Their Own University?
Couples often separate when their children are making plans to attend college or university. This may add additional stress to both parents and to the children looking to attend and pay for school. There are many misconceptions about child support, and separating parents often search for the best lawyer for their child support dispute. The …
Section 30 Assessments
Where custody and access is at issue Courts have the ability to order a “Section 30 Assessment”. Section 30 refers to s. 30 of the Children’s Law Reform Act, which states: The court before which an application is brought in respect of custody of or access to a child, by order, may appoint a person who has …
High-Income High-Asset Spousal Support
In Rochon v. Rochon, 2018 BCSC 1899, the BC Supreme Court denied a spousal support claim by a wife where there was not a compensatory support claim and where following the division of family property the wife would have sufficient assets to meet her needs, avoid economic hardship and to pay her needs. Before trial the wife …
Pets and Divorce
In the recent Newfoundland Court of Appeal decision in Baker v. Harmina, 2018 NLCA 15, the infrequently litigated issue of pet ownership issue was considered by the Court. This case has had wide media discussion not because of the outcome of the case (which as expected treated pets as property), but because of the dissenting opinion of …
Divorce Act Changes Sought
It has been almost 33 years since a major overhaul of the Divorce Act. The Federal government has focused to date on criminal law reforms, however, family law experts from across Canada have met with the parliamentary secretary to the Minister of Justice, Toronto MP Marco Mendicino. Time for archaic Divorce Act to be updated …
Easier Separation and Divorce
While certainly not a “cause for celebration”, Divorce has been made easier in recent years through a number of legislative reforms. However, these legal reforms and the legal framework regarding divorce and separation need to be considered early. Getting legal advice is key to navigating the legal issues regarding divorce and separation. Often times people realize …