On May 22, 2018, the federal Minister of Justice introduced Bill C-78, a Bill that proposes to amend, among other legislation, the Divorce Act; Canada’s federal family law statute governing divorce, separation and parenting. The amendments are designed to respond to the public (and the legal profession’s) desire for the law to better reflect the …
Read MoreCouples might be hesitant about entering marriage contracts out of fear that a contract pre-supposes the demise of a relationship. I prefer to look at marriage contracts as a way of getting your financial house in order before you begin a new phase of life. Domestic contracts are akin to a life insurance policy or …
Read MorePlease see my latest interview on the Hague Convention and the newly expanded habitual residence test: https://www.advocatedaily.com/jennifer-samara-shuber-scc-family-law-bar-divided-on-habitual-residence-test.html
Read MoreAn Ontario court recently considered a case where the mother sought interim child support and spousal support from the father. In granting the mother’s motion, the court outlined the factors that it must take into account when making an interim order for support. What Happened? The parties were married in January 2005 and separated …
Read MoreWe previously blogged about a contentious child support and spousal support dispute, in which an Indigenous father argued that band law should apply in lieu of Ontario family law where disputes involved Indigenous families. The original trial judge disagreed with the father’s position, and the father appealed further. The appeal is scheduled to be heard …
Read MoreI will be presenting on the topic of grey divorce at the ILCO conference this month. See article http://www.beardwinter.com/news/post/jennifer-shuber-speaks-ilco-grey-divorce/
Read MoreAn Ontario court recently considered a spouse’s request to reduce the child support and spousal support obligations that had been set out in the parties’ separation agreement. What Happened? The parties began living together in June 1983, married in December 1985, separated in August 2009 and divorced in January 2012. The parties had three children …
Read MoreA Vancouver based real estate agent has used the recent housing volatility and resultant impact on the market to argue that the luxurious lifestyle his family previously enjoyed was unsustainable and that his spousal support obligations should be decreased. The Parties’ Relationship The former couple began to live together in 1998 and married in 2000. …
Read MoreAn Ontario court recently outlined the factors that must be considered when determining whether a party who is not a biological parent will be granted access to a child. What happened? The respondent parents had one child, who was nine years old. The parents, who were no longer together, had always co-parented the child without …
Read MorePart 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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