When a couple decides to marry, it is important for them to consider how their assets may be divided in the event of separation or divorce. In Ontario, assets like inheritances are treated uniquely under the Family Law Act (“FLA”) and are often protected during the equalization of net family property. However, marriage contracts can …
Read MoreToday more than ever, couples are choosing to cohabitate before getting married or opting not to marry at all. What is cohabitation? Cohabitation is when two unmarried individuals are living together. Cohabitation offers a number of benefits: financial benefits, shared responsibilities, partnership, and more. In addition to some of the benefits, it also brings legal …
Read MoreIt’s becoming more common for couples to explore the idea of entering into a pre-nuptial agreement: a domestic contract that is entered into prior to the marriage. However, many couples still see getting a pre-nuptial agreement as setting the marriage up for failure as you are basically planning what is going to happen upon the …
Read MoreWhether you’re getting married or planning on moving in with your partner, having a contract in place can save you stress and hardship in the future should your relationship end. Planning for divorce or separation isn’t romantic, but it is important for your future emotional and financial wellbeing. There are several different types of agreements …
Read MoreHaving some trouble disclosing prenuptial agreement to your partner? Learn more about the best ways to do it without compromising your relationship.
Read MoreIf you’re in a common-law relationship, you’ll need to protect your rights during the relationship and even after it ends. This is especially important since common-law partners don’t have the same protections as married couples under the law, or more specifically, the Family Law Act in Ontario. Where married couples can expect benefits as …
Read MoreLearn the importance of prenups for married people who own a business. Talk to a family lawyer from Gelman & Associates now to know more.
Read MoreA marriage contract in Canada could mean two things. First, it is a prenuptial agreement which is a contract entered into in contemplation of marriage. Second, it is a postnuptial agreement. This is entered into after the parties have married. In Canada, marriage creates an economic partnership. Any asset acquired during the marriage will be …
Read MoreAre marriage contracts subject to a limitation period? In a recent case, the Ontario Court of Appeal (OCA) grappled with this very question. In the end, the father’s request to set aside the marriage contract was allowed, but the OCA was divided on whether all proceedings under the Family Law Act (FLA) that seek to …
Read MoreCan parties really rely on contracts they sign with respect to spousal support? In a recent case, an Ontario court considered a wife’s request to set aside a marriage contract she and her husband had signed approximately nine years before they separated. The Background The parties signed a marriage contract in May 2007, one day …
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