It is 7:30 am on the morning of the third day of trial. Yes, I slept in today. Worked late and couldn’t move when the alarm went off at 6:00. But still had trial dreams. Yuck. Yesterday was a good day. The other side didn’t seem to score any points in cross of our client. …
Read MoreIt is 6 am on the morning of the second day of trial. I have been up for hours. When I slept I dreamed of the trial. I am reminded of what it means to live and breathe a case. We opened our case yesterday. The judge is hard to read, nodding and listening and …
Read MoreWhether it sneaks up on you every single time or you have it diarized years in advance, passport renewal time is never really something we look forward to. And when you are separated or divorced, the process can be even more burdensome. Passport Canada has very precise rules about children’s passport applications. The parent making …
Read MoreHow do you get to Carnegie Hall? Practice, practice, practice. How do you get to trial? Prepare, prepare, prepare. I am a week away from a family law trial. I am busy preparing: compiling briefs of all of the material that has to be served and filed, culling all of the documents I want to …
Read MoreWhat is a Separation Agreement? A separation agreement is a legally binding contract created between two partners, subsequent to their separation. It sets out each party’s rights on issues such as: child custody and access; division of property; debts; child support; and spousal support It’s possible for parties to draw up a separation agreement on …
Read MoreLast week, I attended the Association of Family and Conciliation Courts (Ontario Chapter) conference. It was inspiring and enjoyable to spend time with professionals all of whom work with families going through separation and divorce. There were lawyers and social workers and psychologists and judges. There were individual speakers on topics ranging from challenging clients …
Read MoreOne of the most important property-related issues that must be dealt with during a separation and/or divorce is the equalization of net family property. In a nutshell, Ontario’s property equalization scheme provides that when two people enter into a marriage, each spouse becomes automatically entitled to an equal share of the profits of the marriage. …
Read MoreIn a previous blog post, we explored the meaning of joint custody and reviewed some scenarios in which it would be the appropriate custodial situation for a child. Joint custody gives both parents full decision-making authority and responsibility in all areas respecting the child. Major decisions regarding the child’s health, education, and well-being are made together. We explained …
Read MoreBuying 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 …
Read MoreIn a recent decision of the Ontario Superior Court of Justice (Noel v. Noel), the Court awarded spousal support to Mr. Noel, finding that he was entitled to this award on both a compensatory and non-compensatory basis. Spousal Support Awards: Divorce Act and Guidance from the Supreme Court of Canada When making an order requiring …
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