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 […]

 

Common Law Couples: Exclusive Possession of The Home

December 11th, 2018

More than ever, unmarried (or “common law”) couples are living in conjugal relationships that are indistinguishable from marriage. Many of these couples will be surprised to learn that, in Ontario, they do not enjoy the same rights and obligations as their married counterparts upon separation. In a previous post, I wrote about the difference between […]

 

The Original Will Has Been Misplaced or Destroyed – W …

December 4th, 2018

We have recently looked at the validity of a Will, when the uncertainty of the testator’s wishes are apparent. Especially in the instance whereby the testator has more than one Will. –  However, the definition of the modern day family has somewhat evolved over the years, allowing for the recognition of diversity and the complex […]

 

Ontario Has a New Construction Act: What You Need to Kn …

November 27th, 2018

On July 1, 2018, the first set of changes under Ontario’s Construction Lien Amendment Act (the “Act”) came into force. This Act overhauls Ontario’s construction regulatory framework. Not only should the changes be made note of by Ontario businesses in the construction sector, but the implementation of similar legislation is expected to follow in other […]

 

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 […]

 

I have Relocated to Canada – Can My Parents and Grand …

November 10th, 2018

Emigrating to another country can sometimes be a very lengthy and daunting process. Often families are forced to temporarily leave their loved ones behind and set up home in a new environment with hopes to reunite with their family in the near future. Consequently, family reunification is perceived to be a benefit to Canada and […]

 

Common Law Couples: What Happens to Our Jointly Owned H …

November 8th, 2018

The definition of “common law” couples differs depending on which legal rights are in question, and it is possible to be considered “common law” in one context, but not another. For family law purposes, we look to Ontario’s Family Law Act. Perhaps surprisingly, Ontario’s family law regime does not recognize the term “common law relationship”. […]

 

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 […]

 
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