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 […]

 

The Family Rules are Changing on July 1, 2018 and Lawye …

June 7th, 2018

Come July 1, 2018, the Family Law Rules (the rules that govern the process of family law court cases in Ontario) will undergo some substantial changes. Changes have been made to the rules that govern the timelines for serving and filing court materials, the rules for costs and the rules for motions and conferences. The […]

 

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 […]

 

What Happens When Your Child’s School Registratio …

January 31st, 2018

Family and Education lawyer John Schuman was asked the following question: What are the legal penalties for someone who has filled out an Ontario elementary school registration form with false information concerning a court child custody order?   John’s Answer: This question is a good one because it touches on the intersection between schools, parents, […]

 

Cracking Down on the Issue of Parental Alienation

November 30th, 2017

In the UK, parents who are going through a separation or divorce could potentially be denied contact with their children if they try to turn them against their former spouse or partner. The practice of one parent turning the child(ren) against the other, especially during litigation, is nothing new and happens in almost every jurisdiction. […]

 

How is the Money from the Sale of a House Divided in a …

August 30th, 2017

Family lawyer John Schuman was recently asked this question: I bought my home in 1995 and it became the matrimonial home when i married my husband in 2009. I’m filing for divorce now and selling the house. Is the money from the sale of the house split 50/50 or will I receive a bit more […]

 

Am I on the Hook to Pay Child Support Retroactively?

August 29th, 2017

One of DSF’s Toronto Family Lawyers was recently asked the following question: Can child support payments be retroactive? My former spouse never claimed child support and on top of that refused to take support payments from me for years. Recently, my former spouse has gotten into some financial trouble and filed an application for me […]

 

Dispute over Custody of the Dog(s)

August 14th, 2017

By: Katelyn Bell, Summer Law Student Back in January, we discussed the issue of dogs having rights similar to that of children in a custody battle. Mention was made to a then recent decision from the Saskatchewan Court of Queen’s Bench, which held that dogs are to be considered as “property” and should not be […]

 
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