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The Difference Between Common-Law Partnership and Marriage in Canada

In Canada, common-law partnerships and marriages come with distinct legal differences that can significantly impact everything from property rights to spousal support. While both types of relationships involve shared lives and responsibilities, the legal frameworks that govern them in Ontario are different. Understanding these differences is crucial for couples planning their personal and financial futures. …

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Family Law for Estates and Trusts Practitioners Part II

Part 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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Grey Divorce

Divorce does not discriminate. It happens in short marriages (the so-called “starter marriage”), in medium length marriages (8 to 20 years) and in long term marriages (20 plus years) as well. Couples who are very young, middle aged and older can all be affected. When parties in their fifties and older separate, the phenomena has …

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Thinking About a Marriage Contract or Cohab?

There are many issues to consider when deciding whether to marry or move in with a partner.  One of them is whether or not you want or need a domestic contract.  The following are some thoughts on these kinds of contracts to assist you in your decision. Many people are afraid of marriage contracts or …

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Title Trumps: The Effect of Placing a Property in Joint Tenancy

Griffith v Davidson, a recent Ontario Superior Court of Justice decision, has confirmed that placing a property in joint tenancy means sharing the property equally on relationship breakdown.  The question before the court (on appeal from an arbitration) was whether the common law wife held the property on resulting trust for the common law husband, …

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See Spot Divorce: Who Gets the Family Dog?

“The dog is man’s best friend.” (Ogden Nash)“ “The better I get to know men, the more I find myself loving dogs.” (Charles de Gaulle) “Once you have had a wonderful dog, a life without one, is a life diminished.”(Dean Koontz) People love their dogs. Dogs are treasured members of the family. Some people even …

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Is it a GIFT or a LOAN?

Buying property is expensive. Nowadays, many first time buyers are assisted by the kind contribution of parents or in-laws. If someone in your family is generous enough to provide you with funds, make it clear whether these monies are a gift or a loan. It can make a difference down the line if the marriage …

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Do you need a marriage contract?

June is upon us. I understand from Modern Bride magazine that June is the most popular month for weddings. Unfortunately, it is not the most popular month for marriage contracts. But why? These two should go hand in hand but most couples still marry without a marriage contract. WHY? I find it is because people …

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