Have a look at the first part of my article on what estate lawyers should know about family law: http://www.advocatedaily.com/jennifer-samara-shuber-family-law-tips-for-estate-and-trust-practitioners-part-1-1.html
Read MoreAn Ontario court recently ruled on a motion filed by a wife who wanted to sever her claim for divorce from her claims for collateral remedies. The husband in question opposed the motion, arguing that he would no longer receive medical benefits from the wife’s insurer once they were divorced and wanting all outstanding issues …
Read MoreDivorce 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 …
Read MoreThe Ontario Superior Court of Justice recently dealt with the interesting issue of what an arbitrator must consider when making a determination about a party’s request to adjourn an arbitration hearing, so as to ensure that all parties are treated equally and fairly. What Happened? The parties signed their minutes of settlement in September 2011, …
Read MoreHappy New Year to everyone. I hope the holidays treated you well and you have survived the deep freeze. I spent a week at a cottage on the shores of beautiful Georgian Bay. I learned a lesson my mother tried to impart for years: Hats keep your head warm. But I digress… There has been …
Read MoreA recent Ontario decision serves as a reminder that emails, text messages and other forms of social media can be introduced as evidence in family law proceedings. Judges may consider – and rely on – the content of these communications when determining important matters before them. What happened? The parties were married in June 2004, …
Read MoreA recent Ontario decision highlights the importance of obtaining independent legal advice prior to signing any legal documents in a family law dispute. Failure to do so can have a significant impact on your legal rights and on your finances post-separation or divorce. What Happened? The parties separated in 2005, after eight years of marriage, …
Read MoreAn Ontario court recently grappled with the interesting question of when it is and is not appropriate for a parent to be prohibited from changing the name(s) of their children after a separation. As we’ve explored previously, this is often a source of tension for separating parents. In this case, the court allowed the mother …
Read MoreAn Ontario court recently considered a case that dealt with an interesting question: when might a marriage contract be void (i.e., not enforceable) for uncertainty? What happened? The parties, who were both Muslim, met online. In 2013, the wife travelled from Canada to Iran to marry the husband. The parties signed a marriage certificate in …
Read MoreMany of the clients I see have not yet separated. They are having problems in their relationships and they consult with me to discuss their rights and obligations in the event of a separation. For parents, the issue of the children is front and centre. Parents invariably ask me how and what to tell the …
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