Gelman & Associates’ Client Succeeds In Securing Costs

Gelman & Associate’s Irina Davis recently worked on behalf of a client who was in court to respond to a husband’s motion to change spousal support. We’re pleased to report that our client was successful before the courts, with the decision being recently released. The original separation agreement The husband and wife were married on …

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Court Grants Mother Interim Sole Custody of Child

An Ontario court recently considered the interesting question of whether or not it was appropriate to grant interim custody to a parent while proceedings were underway. The Parties’ Story and Positions The parties began living together in May 2014 and separated in October 2018. They had one child together, who was born in 2016. The …

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Court Examines How Limitation Period Should Be Established To Set Aside Marriage Agreement

Marriage contracts, which are often referred to as prenuptial agreements, or “prenups” may not be an easy topic to bring out when planning a wedding, but they can be a useful tool in avoiding potential conflict in the event of a breakdown of a marriage. A marriage contract will often outline what will happen to …

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Court Orders Spouse to Pay Advance of Fees to Fund Litigation

In a recent decision, an Ontario court considered one spouse’s plea for an order of interim costs and disbursements to cover the expenses of carrying on the parties’ litigation. The Parties’ Story The parties began cohabiting in October 2008, married in June 2011 and separated in 2017. The parties had signed a marriage contract the …

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Tips For Vacation Planning For Divorced Or Separated Parents

Planning summer activities and vacations for school-aged children can be an extremely time-consuming exercise. For parents who have divorced or separated, there can be added complexities in trying to accommodate vacations with pre-existing custody arrangements and the need to accommodate multiple households in planning. With that in mind, we’d like to offer our readers some …

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Court Terminates Husband’s Obligation to Pay Spousal Support

In a recent decision, an Ontario court considered the interesting question of when it may be appropriate to terminate a spouse’s obligation to pay spousal support. The Parties’ Story The parties were married in June 1967 and divorced in September 1995. They had two children, who were now independent adults. In May 1998, the husband, …

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Determining Spousal Support: Who Qualifies as a “Spouse”?

In a recent decision, an Ontario court found that a woman was entitled to indefinite spousal support from her partner even though they had maintained separate residences. The Parties’ Story The parties began their relationship in October 2001 and separated in May 2015. Both parties had children from their previous marriages, but they had no …

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How Artificial Intelligence May Impact Alternative Dispute Resolution

We often hear about how artificial intelligence (“AI”) is being used to transform various industries, such as how we drive cars and how we communicate with one another. One area that people may not have thought lent itself strongly to the use of AI is alternative dispute resolution. However, a recent article in the Law …

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Factors The Court Will Consider When Making a Costs Award

The reason behind costs awards in family law matters When parties are involved in family law litigation, it is possible that the court will find one party liable to the other for their costs of the proceeding. In 2018, in the case of Mattina v. Mattina, the Court of Appeal confirmed that rules with respect …

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