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 […]

Changing Weekend Visitation

February 14th, 2018

Family Lawyer John Schuman was asked the following question: My ex wants to keep my daughter this weekend and it is my weekend. I live in Ontario and this is a court ordered agreement. What can I do about this?   John’s answer: A carefully drafted separation agreement, Family Court Order,  or parenting plan will […]

The Dangers of the Online Separation Agreement

March 14th, 2017

In the age of the internet, the law is (at varying speeds) adapting to the online realities of the people it applies to. People can now file their taxes, issue small claims court applications and, most recently adjust some child support orders, at the click of a button. With the advent of websites such as […]

Is My Acceptance of a Separation Agreement over E-Mail …

March 8th, 2017

One of our Family Lawyers was recently asked the following question: My soon to be ex-wife proposed an agreement between us concerning business, property, child access etc. She sent me a draft via email for negotiation purposes and I agreed for the most part, and sent along the changes I wanted. She then went to […]

Denied Access To Your Child? Here’s What You Need To …

December 12th, 2016

Breaking up, as they say, is hard to do.  Where there are children in the equation, the question of a parent’s access to the child(ren) can add substantially to the hardship.  All too often, the animosity associated with separation leads one parent to frustrate the other’s access to the child(ren). In the following, we discuss […]

I separated from my husband with no Separation Agreemen …

October 27th, 2016

I separated from my abusive husband, but neither of us could afford to get a lawyer to draw up a separation agreement. Everything has been separated (bank accounts, living arrangements, etc.) since we separated. At the time we had no assets, no property. No children, etc. Just a boatload of debts, including shared debts that […]

Can I Get Retroactive Child Support if I am No Longer a …

June 22nd, 2016

In Ontario, child support is governed by a combination of the Family Law Act, the Divorce Act, and the Child Support Guidelines. Under both the Family Law Act and the Divorce Act, parents have an obligation to support their children. When parents separate, this obligation usually takes the form of child support. You should listen […]

Common-Law Spouses and Joint Tenancies: Can I Force Him …

June 8th, 2016

Certified Specialist in Family Law and Toronto Area Family Mediator and Arbitrator John Schuman was recently asked the following question: My father has been separated from his spouse since 1992 (documented) . A separation agreement was prepared but neither party signed the document. No equalization claim was made by his spouse within 6 years of […]

What’s the Difference Between a Legal Separation and …

May 19th, 2016

While many people believe that separation and divorce are interchangeable terms, legally speaking they are quite different and carry with them different consequences. For spouses who are facing a breakdown of their relationship, it is important to appreciate the difference and how it can affect your rights and obligations. What is a Divorce? A divorce […]

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