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Q: When we separated, my spouse left the home. I changed the locks and now he cannot enter the home unless I allow him access. How will the courts view this? A: Absent a court order that grants one spouse exclusive possession of the matrimonial home, you are not allowed to take steps to frustrate …

Yes. In determining if there is an entitlement to spousal support, the court will consider (among other factors) the apportioning between spouses of the financial consequences which have arisen in consequence of the way in which they divided the childcare responsibility, pursuant to section 15.2(6) of the Divorce Act. If one spouse sacrificed his or …

When you get divorced, you know that many things are going to change.  One of the big ones is how you celebrate birthdays and holidays with your children.  It is often outlined in divorce agreements when each parent will have the children for which holiday, but in reality it can become more complicated than that.  …

Until the matter of child and spousal support is dealt with, you cannot assign a new beneficiary to your life insurance policies. This is because one’s support obligations are binding upon one’s estate, and if it turns out that you will be the payor of either or both of child and or spousal support, the …

Second marriages can be wonderful.  You’ve realized your mistakes, moved on, and made a more suitable choice for yourself.  Unfortunately, second marriages often mean there is an ex lurking somewhere in the not-too-distant background.  Whether you have children or just live in a small community, it’s quite likely that you will have to deal with …

There is no requirement to share a bank account. It may be possible for 1 party to withdraw funds without the consent of the other, depending upon your arrangement with the bank. We normally advise parties to request that that the bank require 2 signatures. Joint account or not, arrangements should be made to continue …

A matrimonial home is defined as any property in which you have an interest and in which you were using as a family residence at the time of separation. More than one home can be considered to be a matrimonial home, including cottages and vacation properties. Regardless of who owns the home(s), you and your …

As part of the process of finalizing your separation agreement, you will likely be required to prepare and share a financial statement that discloses information about your income, expenses, property and debts. This document will set out your true financial circumstances, which are necessary to determine issues of support, division of property and equalization. It …

Sole custody is where one parent has custody or the child. That is, they have the right to make the important decisions about the care and upbringing of a child on their own. Custody normally includes the physical care, control and upbringing of the child, but does not mean that the child resides with just …

It is not uncommon for someone to relocate after a divorce (i.e. moving out or away). But if you have children you might want to think twice. You need to consider the emotional needs of your child(ren), as well as your former spouse’s right to challenge your relocation. Typically, courts only allow a custodial parent …