How Can I Obtain Custody of the Family Pet in My Divorc …

March 27th, 2019

Under Ontario’s current Family Law Legislation, pets, of any sort, are not treated like children they are, for all purposes of law “property”, like furniture, cars or bank accounts.  So, judges do not decide things on the basis of the “best interests of the pet”, the way judges decide parenting issues on the basis of the […]

 

I Want to move Provinces However, I am Aware That I’d …

March 13th, 2019

If you, as a primary parent, want to move, you would need your ex’s permission because naturally,  moving will interfere with him parenting your son.  However, if he moves, then he will be interfering with his own time with your son, and, presumably, that will not affect your time with the child/ren.  However, if he […]

 

I Owned the Home Before We Married – Why Does My Spou …

March 5th, 2019

We are all familiar with the skyrocketing price of homes in Toronto and the surrounding area. It is not a simple feat to purchase a home – it requires a lot of hard work and obviously, money. Picture this: you work your way through school, spend years in full-time employment, finally earn enough income to […]

 

I Have Children From a Previous Relationship. I’ve Si …

January 31st, 2019

In recent years, it has become more common place to see “complex” families where one (or more parents) have children with several other parents, or is a step-parent to children in other families.  Therefore, how child support is calculated when one parent has children with several other parents is an increasingly common question. The solution […]

 

Spousal Support and Early Retirement – Is it a M …

January 8th, 2019

Spousal support, sometimes referred to as maintenance or alimony, are funds that are paid to one spouse to another upon separation or a divorce. There are various reasons as to why one spouse may be required to pay support to the other, usually to assist financially for a specified amount of time or to compensate […]

 

I’m Getting a Divorce, What Are My Rights to the Fami …

December 20th, 2018

When divorce is contemplated by either one or both spouses, often it is time to start thinking about the division of assets. This could include the matrimonial home, financial accounts, earnings accumulated during the marriage and as one might expect, retirement accounts also. That said and unsurprisingly so, countless married couples who in addition, become […]

 

I Want a Divorce – What Are The Steps In Getting …

November 23rd, 2018

Until married couples obtain a divorce, the law still considers them to be married, even if they are living separate and apart. This may have implications on spouses’ estates rights, entitlements to benefits and life insurance policies, and the ability to make end-of-life decisions for incapable spouses. Before seeking a divorce, it is important to […]

 

Canadian Courts and Mahr Agreements – Can My Mahr Agr …

October 30th, 2018

We have discussed the topic of divorce in a previous blog post, however at Devry Smith Frank LLP, we are aware that typically, traditions vary in different cultures. In particular, the South Asian community. Family separation and divorce within the South Asian community is often seen as a taboo subject and notions of uncertainty as […]

 

Canada to Get Its First Major Update to the Divorce Act …

May 23rd, 2018

On May 22, 2018, the federal government introduced Bill C-78, An Act to Amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act. While most may be caught by its catchy name, Bill C-78 is something that […]

 
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