Section 15 of the Divorce Act instructs the court to look at the condition, means, needs and other circumstances of the spouses. In particular, it lists the following: length of time the spouses cohabited; functions performed by each spouse; and any agreement or arrangement of the spouses. The Family Law Act also speaks to factors …
Read More“property” means any interest, present or future, vested or contingent, in real or personal property and includes, (a) property over which a spouse has, alone or in conjunction with another person, a power of appointment exercisable in favour of himself or herself, (b) property disposed of by a spouse but over which the spouse has, …
Read MoreSpousal Support: The Details Why spousal support? Spousal support in Ontario is premised on the view of a marriage as a financial partnership. When that partnership ends, the person with the greater income may have an obligation to pay the spouse with the lesser income. However, the law assumes that all individuals seek to be …
Read MoreSpousal Support: the basics The first important point about spousal support is that it is gender-neutral. Husbands and wives can pay and receive spousal support, and do so every day in our court system. Spousal support can be determined by agreement or by court order. Before you come to any agreement about support, you need …
Read MorePension Issues and Divorce Your pension, or that of your spouse, is treated the same way as any other property accumulated in the marriage. Specifically, any growth in the pension over the time you are married is split evenly between the spouses. Pensions are sometimes the most valuable asset to be divided. The problem with …
Read MoreYes. In Ontario, arbitration in family law matters are governed by the Family Law Act and the Arbitration Act. Under the law, a family law arbitration must be conducted exclusively in accordance with the laws of Ontario and decisions are legally binding.
Read MoreYou and your spouse must agree to arbitrate before the arbitration can start.
Read MoreThe same equalization regime applies on death as on separation, although the surviving spouse would not have liability to the deceased spouse’s estate even if his or her net family property is higher. When a spouse dies, the surviving spouse must elect to either take under the will of the deceased (or under the rules …
Read MoreYour lawyer can help you find an appropriate arbitrator. The arbitrator should be a professional with appropriate credentials and experience. Arbitrators can be lawyers, mental health professionals, clergy, and other trained professionals.
Read MoreDistribution of Property in Ontario: The Details Distribution of property in Ontario is not as simple as people believe it to be. Sometimes, people have the misconception that each asset or debt shared between married spouses is looked at separately and divided equally. The law in Ontario, however, takes a more global approach to property division in …
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