When you decide to get divorced, you can’t avoid telling others about it. You have to tell your family and friends so they can support you during the process. You have to share the news with your employer so you can change your benefits. Your creditors will also want to hear about it, so they …
Read MoreWhen you think of “divorce”, what comes to mind? I conducted an unscientific and informal poll which asked that very question. I noticed many responses were along the lines of “lawyers”, “expensive”, “stressful” and “financially debilitating”. It doesn’t have to be this way. While taking steps to separate two lives that may include children and …
Read MoreAnd they thought love was the battlefield: Separation without the court battle. Last week, my good friend called me in a panic. She told me that she and her spouse of eight years had decided to separate. She was worried about the impact that the separation would have on their two children and how difficult …
Read MoreInheritance in Divorce: Ontario’s Family Law Act Under Ontario’s Family Law Act, when two people enter into a marriage, each spouse becomes automatically entitled to an equal share of the increase in value of property acquired during the marriage, subject to certain exceptions. This is known as the “right to equalization.” The right to equalization …
Read MoreNew rules for pension division upon the breakdown of spousal relationships came into force in Ontario as a result of amendments to the Ontario Family Law Act and Pension Benefits Act. Pursuant to the Family Law Act, the imputed value of married spouses’ pension assets constitutes property. Married spouses who decide to end their marriage …
Read MoreOn January 22, 2016, the Ontario Court of Justice found a Toronto man, Gregory Alan Elliott, not guilty of criminal harassment. The Court’s decision in R. v. Elliott, 2016 ONCJ 35 is notable for family law practitioners as the first criminal harassment case in Canada involving Twitter. The events leading up to R. v. Elliott …
Read MoreParenting co-ordination easing the pain of separation Parents trying to iron out the details of high-conflict separations should communicate like business partners, says family lawyer Jennifer Samara Shuber. “It’s like running the business of the family,” says Shuber, a partner with Basman Smith LLP. “Would you send screaming, swearing emails to your business partner? No. You’d send …
Read MoreGetting into Family Law and Helping Families I have obtained my mediation accreditation from the Ontario Association for Family Mediation. I am now a certified comprehensive family mediator. I can mediate any family law issues, including all property, support and parenting matters. In a nutshell, mediation is a voluntary process where both sides (and their counsel, if represented) work …
Read MoreYou’ve decided that your marriage simply isn’t going to work for you anymore. There could be numerous reasons, and you know that this is the right decision for you. Even though you know this is good for you, you may be feeling guilty. This is particularly likely if you are the partner who chose to …
Read MoreWhether you are separated or have already signed the divorce papers, your relationship with your partner may be a tense one. When there are kids in the picture, they tend to pick up on the discord even if their parents aren’t fighting right in front of them. Children who are exposed to constant conflict between …
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