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Family Law for Estates and Trusts Practitioners Part II

Part Two of my article on what estate and trust practitioners should know about family law. http://www.advocatedaily.com/jennifer-samara-shuber-family-law-tips-for-estate-and-trust-practitioners-part-2-1.html

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Matrimonial Home: Special Asset for Married Spouses

Any property used by married spouses at the date of separation as a family home is a “matrimonial home” under the Family Law Act. A matrimonial home is special and treated differently than any other property belonging to married spouses.  The definition of a matrimonial home is set out in section 18 of the Family …

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Thinking About a Marriage Contract or Cohab?

There are many issues to consider when deciding whether to marry or move in with a partner.  One of them is whether or not you want or need a domestic contract.  The following are some thoughts on these kinds of contracts to assist you in your decision. Many people are afraid of marriage contracts or …

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Pleased to Announce….

I am pleased and proud to announce that I have been granted certification as a Certified Specialist in Family Mediation by the Family Dispute Resolution Institute of Ontario.   I am glad to be a member of the FDRIO organization which is working hard to promote excellence and accountability in family mediation. I am trained …

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Title Trumps: The Effect of Placing a Property in Joint Tenancy

Griffith v Davidson, a recent Ontario Superior Court of Justice decision, has confirmed that placing a property in joint tenancy means sharing the property equally on relationship breakdown.  The question before the court (on appeal from an arbitration) was whether the common law wife held the property on resulting trust for the common law husband, …

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Protecting Gifts and Inheritances in Family Law

  In Ontario, marriages are deemed to be a form of economic partnership. As such, at the end of the marriage, under Ontario law, the spouses have a right to share in the wealth generated during the marriage. This is accomplished by a process called equalization under the Family Law Act (“FLA”). Equalization is a …

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See Spot Divorce: Who Gets the Family Dog?

“The dog is man’s best friend.” (Ogden Nash)“ “The better I get to know men, the more I find myself loving dogs.” (Charles de Gaulle) “Once you have had a wonderful dog, a life without one, is a life diminished.”(Dean Koontz) People love their dogs. Dogs are treasured members of the family. Some people even …

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Family Law Trials Part III: Day Three

It is 7:30 am on the morning of the third day of trial.  Yes, I slept in today.  Worked late and couldn’t move when the alarm went off at 6:00.  But still had trial dreams. Yuck. Yesterday was a good day.  The other side didn’t seem to score any points in cross of our client. …

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Family Law Trials Part I – The Preparation

How do you get to Carnegie Hall? Practice, practice, practice. How do you get to trial? Prepare, prepare, prepare. I am a week away from a family law trial. I am busy preparing: compiling briefs of all of the material that has to be served and filed, culling all of the documents I want to …

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